Apprentice Can Be Considered As Workman: Telangana High Court Awards Compensation To Family Of Deceased Doing Apprenticeship At APCPDCL

The Telangana High Court has held that an apprentice can also be treated as a workman under the Workmen's Compensation Act and consequently employer is liable to pay compensation in case of untoward events.

Justice M.G. Priyadarshini has passed this order in a Civil Miscellaneous Appeal filed by the opposite party/employer contending that the Commissioner for Workmen's Compensation was wrong in granting compensation to the deceased/applicant-family as the deceased was only an apprentice/trainee and not a workman in APCPDCL (Andhra Pradesh Central Power Distribution Company Limited).

The Bench has referred to Section 16 of the Apprentices Act, 1961 and held:

"A reading of the above provision makes it clear that the employer is liable to pay compensation for the injuries caused to the apprentice, by accident arising out of and in the course of his training. In the present case, the deceased was apprentice under opposite party and during the course and out is his training, he was electrocuted. Hence, the deceased can be treated as workman under the Workmen's Act, 1923 and he is entitled for compensation."

The undisputed facts were that the deceased was working as a trainee in APCPDCL for a stipend of INR 1,100 and on the instruction of the Junior Lineman went to repair the LT line in the fields of Bothalapalem village. While he was working on the LT Lines the electricity was turned back and the deceased was electrocuted to death.

A case was registered and the Commissioner held that the deceased's family deserves to be compensated for their loss by the opposite party and awarded a compensation of INR1,19,873/-. The opposite party being aggrieved by the said order had filed the present appeal.

The opposite party contended that 18(b) of the Apprentices Act makes it evident that labour laws shall not apply to or concern an apprentice.

The bench did not accept this contention and held that as per section 16 of the act, an employer is liable to pay compensation once employer-employee relationship is established and in the present case this was established with positive evidence on record. With the said finding, the appeal was dismissed.

"Considering all these aspects, the Commissioner has rightly came to the conclusion that the applicants are entitled for compensation for death the and has granted just and reasonable compensation, for which interference of this Court is unwarranted. The appeal is devoid of merits and the same is liable to be dismissed."

CMA740 of 2010

Counsel for appellant: R. Vinod Reddy