Apprentices Act, 1961
18. APPRENTICES ARE TRAINEES AND NOT WORKERS. –
Save as otherwise provided in this Act, – (a) every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and
(b) the provisions of any law with respect to labour shall not apply to or in relation to such apprentice
Exclusion from definition of workman
In order to be an apprentice under the Act and to be excluded from the definition of ‘workmen’, person should be appointed as an apprentice in a ‘designated trade’; Ghisilal v. State Industrial Courts , 2005 LLR 871.
An apprentice not to be deemed as workman
An apprentice under the Act can not be deemed to be a workman merely by discharging functions as a regular employee; Tannery & Footwear Corporation of India Ltd. v. Labour Court, Kanpur , (1994) II LLJ 1186 (All).