Apprentice - Definition - Law Dictionary Home Dictionary Definition apprentice

Definition :

Apprentice [fr. apprendre, Fr., to learn], a person bound by indentures of apprenticeship to a tradesman or artificer ,who covenants to teach him his trade or mystery. The master is bound to instruct his apprentice, and to make him master of the art so far as his capacity to learn will permit. If the master die, or become bankrupt, or abandon the trade, the obligation of the apprentice is at an end. Conversely, that the apprentice has done anything incompatible with faithful service, is a just cause of dismissal, Pearce v. Foster, (1886) 17 QBD 536 CA, and see Learoyd v. Brooks, 1891 (1) QB 431. An infant can bind himself by a deed of apprenticeship, Green v. Thompson, 1899 (2) QB 1. With regard to apprentices for the mercantile marine, see The (English) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60). Apprentices are within the Workmen's Compensation Act, 1925, ss. 3 and 35. Justices of the peace have jurisdiction in many questions between master and apprentice. For instance, the (English) Conspiracy and Protection of Property Act, 1875, s. 6, makes it an offence, punishable on summary conviction by fine or imprisonment with or without hard labour, for a master to neglect to provide food, etc., for his apprentice. See Chitty's Statutes, tits. Master and Servant and Poor (Apprentices).

Means a person who is bound by a legal agreement to serve an employer for an agreed period and the employer is bound to instruct him, Mukesh K. Tripathi v. Senior Divisonal Manager, LIC, (2004) 8 SCC 387. [Industrial Disputes Act, 1947, s. 2(s), U.P. Industrial Disputes Act, 1947, s. 2(z)]

Apprenticeships were altogether unknown to the ancients. The Roman Law is perfectly silent with regard to them.

(ii) means a person who is undergoing appren-ticeship training in pursuance of a contract of apprenticeship. [Apprentices Act, 1961 (52 of 1961), s. 2 (aa)]

The heart of the matter in apprenticeship is, therefore, the dominant object and intent to impart on the part of the employer and to accept on the part of the other person learning under certain agreed terms. That certain payment is made during the apprenticeship, by whatever name called, and that the apprentice has to be under certain rules of discipline do not convert the apprentice to a regular employee under the employer. Such a person remains a learner and is not an employee, ESI Corpn v. Telco, (1975) 2 SCC 835 (838): AIR 1976 SC 16. (Apprentices Act, 1961)

Apprentice under the general law means a person who is bound by a legal agreement to serve an employer for an agreed period and the employer is bound to instruct him, Mukesh K. Tripathi v. Senior Div. Manager, LIC, (2004) 8 SCC 387 (398). [U.P. Industrial Disputes Act, 1947 (28 of 1947), s. 2(2)]