Hi Dinesh
Pls note that ...
Section 2(9) of the Act, includes apprentices in the definition of employee except those appointed either under Apprentices Act, 1961 or under standing orders.
If the apprentices were appointed by the employer for providing training under the aforesaid two Acts, they will be excluded from the definition of ‘employee’ under the Act and the apprentices, other than those above two categories, are included in the definition of ‘employee’.
However, even in respect of the above two exempted categories of Apprentices, if they are engaged in actually performing the work of the establishment and are paid wages for the same, the Court can lift the veil to ascertain their real status as trainees and if it finds that they are engaged in the activities of the establishments as regular employees, the establishment concerned may be compelled to pay the contributions.
Therefore the liability of the employer depends upon the facts of each case.
Please refer to the cases of Andhra Pradesh Pvt. Ltd. v. Employees State Insurance Act., 1996 II LLJ 359 and Bala Saraswathi Motor Works v. Employees State Insurance Act., 1970 II LLJ 504 (Mad.HC)
Thanks
Abhisek