FATHE MAIDAN CLUB Vs. PRINCIPAL I T INSTITUTE

JUDGEMENT

(1.) This writ petition is filed by the Fateh Maidan Club, Hyderabad, for issuance of a writ, order or direction restraining the respondents, viz., the Principal, Industrial Training Institute, Hyderabad, and the Government of Andhra Prad,esh, represented by the Secretary to Labour and Employment Department, as also any other authority under the Apprentices Act, 1961, from enforcing the provisions of the Act against the petitioner, and for a declaration that the Club is not an 'industry' or an 'establishment' to which the Act applies.

(2.) The Apprentices Act, 1961 was passed by Parliament repealing the Apprentices Act, 1850. The 1961 Act has been enacted with a view to provide for the regulation and control of training of apprentices and for matters connected therewith. The statement of objects and reasons appended to the Bill says that Expert Committees which went into the question of regulating the training of apprentices in industry have recommended a legislation on the subject. It was observed that though certain establishments in public and private sectors have been carrying out the programmes of training of skilled workers on a systematic basis, industry in general has not yet fully organised such programmes. In the context of 5-Year Plans and the large scale industrial development of the country, an increasing demand for skilled craftsmen had arisen and, therefore, the Government thought it necessary to fully utilize the facilities available for the training of apprentices and to ensure their training in accordance with the programmes, standards, and syllabi drawn up by expert committees. By a subsequent Amending Act enacted in 1973, even the graduate-Engineers and diploma-holders were brought under the purview of the Act.

(3.) Sub-sections (2) and (4) of Section 1 deal with the applicability of the Act. Sub-sec. (2) extends the Act to whole of India, while sub-sec. (4) says: