Divesh Sehra 18 January 2018

Standing order act workman incl apprentice of apprentice act

Dear Experts

Whether "workman" for the purpose of Industrial Employment (Standing Orders) Act, 1946 & The Uttar Pradesh Industrial Employment Model Standing Orders, 1991, Includes " Apprentice" covered by the Apprentices Act,1961.

Sec 2(i) of the Industrial Employment (Standing Orders) Act, 1946, say definition of workman will be as per the Industrial Disputes Act, 1947 , according to which "workman" means any person (including an apprentice)........"

Further, Rule 3 of the The Uttar Pradesh Industrial Employment Model Standing Orders, 1991, defines Apprentice as- a workman who has been engaged in an industrial establishment under the provisions of Apprentices Act, 1961.

But, Section 18(b) of the Apprentices Act, 1961 says "the provisions of any law with respect to labour shall not apply to or in relation to such apprentice.".

Thanks & Regards

Divesh Sehra

Reply Follow

3 Replies

R.Ramachandran (Advocate) 18 January 2018

Please come out with the factual background in which this query arises.

The above background is required, as the answer to your query is to be given with reference to the context.

Divesh Sehra 18 January 2018

Dear Sir

Industrial Employment (Standing Orders) Act, 1946 applies to an establishment wherein one hundred or more workmen are employed. In our establishment, No of workman employed are less than 100, if we do not consider apprentices employed under Apprentices Act 1961.

Our concern is that, if the law requires to consider such apprentices as workman, then we have to comply with the provisions of Industrial Employment (Standing Orders) Act, 1946.

Thanks
Divesh Sehra

R.Ramachandran (Advocate) 18 January 2018

According to Apprentices Act, 1961, "apprentice" means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.

There is no conflict between the provisions of Apprentices Act, 1961 and The Uttar Pradesh Industrial Employment Model Standing Orders, 1991 as the later Act borrows the provisions of the former Act to define who is an 'Apprentice'.

Now, your doubt stems from the definition of the term 'workmen' appearing in Industrial Employment (Standing Orders) Act, 1946, according to which the definition as given in Industrial Disputes Act, 1947 is to be referred.

According to Industrial Disputes Act, 1947, "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward,

Unless the Apprentice is employed to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work FOR HIRE OR REWARD (other than to merely undergo training as an Apprentice), he will not fall under the definition of 'Workman'.

Therefore, first you have to state whether you have engaged the persons as 'Apprentice' to undergo training or engaged them to work for hire or reward.

If they are purely undergoing training, then you need not count the Apprentices in your organisation as 'Workmen'. Otherwise, if you have to count them as workmen.