Whether employer is liable to pay compensation under Indian employment law, in case Apprentice meets with accident during the course of apprenticeship

Apprentices are covered under Indian employment laws. An apprentice is appointed in an establishment under the Apprentices Act 1961.

Section 16 of the Apprentice’s Act 1961 says that if personal injury is caused to an apprentice by accident arising out of and in the course of his training as an apprentice, his employer shall be liable to pay compensation which shall be determined and paid, so far as may be, in accordance with the provisions of the Employees Compensation Act 1923 subject to the modifications specified in the schedule.

The Hon’ble Gujarat High Court in Jasuben Wd/o Devchandbhai Parmar V/s Gujarat Electricity Board (F.A. No. 7447/1995, decided on 30.09.1998) has clearly laid down that an Apprentice is entitled to compensation under Section 3(5) of the Workmen’s Compensation Act, 1923 (Now, Employee’s Compensation Act) and that compensation paid under Section 16 of the Apprentices Act is no bar in claiming compensation under Employee’s Compensation Act, 1923.