The courts of law do not look into the appointment letter alone and examine standing orders, service rules, service codes and regulations, conduct and discipline rules...................................etc therefore download all of these and let your lawyer examine the merits.
Do not hesitate to approach your lawyer in person, at your location.
The lawyer that has seen all of your docs, record can advice you the best.
You have posted that:
----“Also they did not provide any formal training as required under the 1961 act and also made me to work as an employee by sending me to Chandigarh for a project and do routine jobs which an employee does.”
Apprentice is a learner and courts may also have opinion that whatever work is given to learn.........................is done by apprentice.
You may demand ESIC, Gratuity, Group Insurance, as in case of a regular employee of this establishment from DOJ and proof of having made the contributions..............................
As far as PF is concerned since nomenclature given is Apprentice it may be tough in your case................however if you can establish beyond doubt that the employee, was in-fact working in the regular establishment and being wrongly shown as apprentice, only to avoid statutory liability, you may have a chance.
{
Madras High Court
Nacchammai Cotton Mills Ltd vs The Regional Provident Fund ... on 6 September, 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT:
“26.Once these employees are held to be regular employees and not apprentices, the judgments relied by the
petitioner lose all importances, as in none of the judgments, on which reliance is placed, it was held that a
person shown, as apprentice by the management, can never be treated to be an employee, even if, evidence
produced on record, proved beyond doubt that the employee, was in-fact working in the regular establishment
and being wrongly shown as apprentice, only to avoid statutory liability.”}
>> Has the establishment paid relocation expenses, and were these paid along with other allowances as in case of a regular employee?
If yes you may demand these too............
----“In the appointment letter, it was written that the training can be extended only once. They extended it twice. I have proof.”
This is breach and violation.........................
----“ I did not accept all these and did not sign this time, left and did not join services at the new posted place.”
Did you decline in writing under acknowledgment?
The establishment might have declared you absconding in its record and might have terminated?
Did you receive any notice of abscondment, termination and order of termination etc?
Since you are citing violations and seem to have acquired fine understanding too you may go thru the Act also you may go thru
Apprenticeship Rules, 1992
And thereafter prepare your finer points and approach a competent and experienced labor consultant/service lawyer and show a copy of certified standing orders of the establishment and its clauses applicable to GET, Job advertisement, job application, interview call letter, section letter, offer letter, appointment letter, letters for extension of training period (2 times) any exam conducted by establishment by the result of which training was extended, letter deputing you to Chandigrah for project, transfer letter etc.......................and proceed under expert advice of your lawyer.
You may also go thru:
>> Thread at LCI:
https://www.lawyersclubindia.com/forum/Gratuity-95380.asp#.UtAIWtIW1MA
>> The Management of v. The Presiding Officer,2. M.Balasundaram - W.P.No.18728 of 1994 [2002] RD-TN 386 (21 June 2002)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
https://www.rishabhdara.com/sc/view.php?case=72195
>> Madras High Court
Workmen Of Pmp Textiles vs Management Of Pmp Textiles on 3 January, 2011
It is reiterated that you may show all docs and records to your lawyer and give inputs and proceed under expert advice of your lawyer and refrain from proceeding on your own.
