JUDGMENT

P. K. GOSWAMI, J.:— Is an apprentice an "employee" under the Employees State Insurance Act, 1948? That is the question raised in this appeal by certificate under Article 133 (1) (a) and (b) of the Constitution from the judgment of the Patna High Court by which it refused to interfere with the order of the Industrial Tribunal passed under Section 73B of the Employees State Insurance Act, 1948 (briefly the Act).

2. The respondent is a public limited company having its registered office at Bombay and its factory at 67 Jamshedpur in the State of Bihar. The Act is applicable to the company s factory. Besides regular employees in the company, there are two sets of apprentices, namely, graduate apprentices for a period of two years and trade apprentices for the duration of three years. The graduate apprentices receive stipend of Rs. 250.00 per month in the first year and Rs. 300.00 per month during the second year. The trade apprentices receive stipend at the rate of Rupees 2.00 Rs.2.50 and Rs.3,00 per diem during the first, second and third year of the apprenticeship respectively. No other emoluments except the daily allowance or the monthly stipends are paid by the company to