C.W.P. (T) No. 4839/2008. Case: Amar Singh Vs Himachal Pradesh State Electricity Board and Ors.. Himachal Pradesh High Court
| Case Number | C.W.P. (T) No. 4839/2008 |
| Judges | Rajiv Sharma, J. |
| Issue | Apprenticeship Act, 1961 - Sections 2, 3, 4, 7, 22, 22(1) and 22(2); Apprenticeship Rules, 1992 - Rules 7, 8, 10, 11 and 12 |
| Citation | 2011 (I) LLJ 34 HP |
| Judgement Date | July 21, 2010 |
| Court | Himachal Pradesh High Court |
Judgment:
Rajiv Sharma, J.
1. Petitioner has undergone the training in the trade of Electrician at Industrial Training Institute with effect from August, 1979 to July, 1981. He was issued National Trade Certificate vide Annexure P-2. Thereafter Petitioner was sent for apprenticeship training with Respondent No. 3 with effect from December 27, 1982 to December 26, 1984. He was granted the provisional National Apprenticeship Certificate vide Annexure P-3.
2. Mr. Lalit K. Sharma has strenuously argued that since the Petitioner has completed apprenticeship with effect from December 27, 1982 to December 26, 1984, Respondents were required to offer appointment to the Petitioner.
3. Ms. Anjula Khajuria has vehemently argued that as per the agreement entered between the Petitioner and the Board on November 11,1982, it was not obligatory on the part of the employer to offer any employment to the Petitioner though he had successfully completed the apprenticeship.
4. I have heard the learned Counsel for the parties and have perused the pleadings carefully. It is admitted case of the parties that the Petitioner has completed training from the Industrial Training Institute, Mandi and passed the prescribed Lineman test in the trade of Electrician and was also issued National Trade Certificate.
5. It will be apt at this stage to take note of salient features of Apprenticeship Act, 1961 (hereinafter referred to as 'the Act' for brevity sake). Section 2(aa) defines the 'apprentice' to mean a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. Expression 'apprenticeship training' has been defined under Section 2(aaa). Section 3 prescribes the qualifications for being engaged as an apprentice. Section 4 whereof provides that no person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is minor, his guardian has entered into a contract of apprenticeship with the employer. Section 7 provides that the apprenticeship contract can be terminated. Section 22 deals with offer and acceptance of employment. It reads thus:
22. Offer and acceptance of employment-
(1) It shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the employer.
(2) Notwithstanding anything in Sub-section (1), where there is a condition in a contract of apprenticeship that the apprentice shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract.
Provided that where such period of remuneration is not, in the...
To continue reading
Request your trial