Q: In April 2004, I was appointed as an apprentice boiler attendant by a public sector company engaged in manufacturing activities. At the time of joining I was told that the contract of apprentice was for a period of two years. Recently, I was advised that an apprenticeship contract is compulsorily registrable. When I enquired in my office I came to know that my contract has not been registered by the company. Since the beginning of my term with this organisation I have been discharging the functions of a regular employee. Last month my contract was suddenly terminated by the company. This decision has hit me like a bolt from the blue. How can the company terminate my service without any rhyme or reason? Can I refer my case to the Industrial Tribunal? If not, what other remedy do I have? Please advise.

Amit Khan, Calcutta

A:I am afraid that you cannot refer the dispute that has arisen between you and the company to the Industrial Tribunal. This is because an apprentice is not a ?workman? within the meaning of Section 2 (s) of the Industrial Disputes Act, 1947. Section 18 of The Apprentices Act, 1961, specifically provides that generally speaking, the status of an apprentice is that of a trainee and not that of a worker and the provision of any law with respect to labour shall apply to or in relation to an apprentice. The relationship between an apprentice and the employer is governed by the terms of the apprenticeship contract and 1961 Act.

It is true that Section 4 (4) of the 1961 Act requires the employer to register the apprenticeship contract with an apprenticeship advisor appointed under the Act. But this provision has been held by the Supreme Court to be directory and not mandatory and absence of registration does not alter the status of an apprentice as trainee and he does not become a ?workman? so as to come within the purview of the Industrial Disputes Act.

Again, it makes no difference if the apprentice is discharging the functions of a regular employee during the period of apprenticeship. Your obvious remedy is to refer your dispute with the company to the apprenticeship advisor under Section 20 of the 1961 Act. Any person aggrieved by the decision of such advisor may prefer appeal therefrom to the Apprenticeship Council within 30 days from the date of communication of the decision to him. If one is dissatisfied by the decision of the council, he may challenge such decision by way of writ applications before the appropriate high court.