How can we resolve the conflict between the provisions of Section 2(s) of the Industrial Disputes Act which says that an apprentice is a workman and section 18 of the Apprentices Act which says that an apprentice is not a worker ?
The conflict can be resolved by applying the principle of harmonious construction so that each provision may operate without encroaching on the field of the other. Thus, a person who is appointed as an apprentice under the provisions of the Apprentices Act would not be a workman under section 2(s) of the Industrial Disputes Act, but a person who is designated as an apprentice but is not governed by the Apprentices Act would be a workman under the said section.
Call us on 09920-100-462 |Request a quotation
LK Nakashe Consultants Pvt. Ltd is India’s leading compliance & labour law consulting firm. Headquartered in Mumbai, we are ISO 9001 Certified & Crisil Certified, and we serve all 29 states and 7 union territories of India. Our service bouquet includes Registration & Renewal Services, End-to-End Monthly Compliance Services, Audit & Due Diligence Services, Advisory & Consulting Services, Payroll Management Services and Contract Staffing Services. Our client list of 750+ companies includes some of India’s biggest business conglomerates, MNCs, public listed companies & SMEs