M.B. Sharma, J.-The petitioners J.K. Synthetics Ltd., have prayed that the order of reference under Section 10(1) of the Industrial Disputes Act, 1947 (for short ‘the I.D. Act) dated October 15, 1990 (Annex.-7) be quashed and be declared illegal.

2. Themain ground of challenge to the aforesaid order of reference is that the Respondent No. 1 to 3 Shri Raghuvir Singh, the worker was only engaged as an Apprentice under the Apprentice Act, 1961 (52 of (1961)) (for short ‘Apprentices Act’) and, therefore, is governed by the provisions of that Act and the provisions of the I.D. Act are not applicable and, therefore, a reference to the Labour Court, Kota is without jurisdiction and the said Court has no jurisdiction to adjudicate the dispute.

3. The writ petition is contested on behalf of the workman and the ground of contest is that he was appointed as a worker and was an employee of the petitioners and it appears that the petitioner-company has created a sort of camouflage or cover of the ‘Apprentice’ under the Apprentices Act with an ulterior motive to deprive the answering respondent from acquiring any right to continue in the service. So far as the contract of apprenticeship