Civil Appeal No. 4166 of 2008. Case: Santosh Kumar Tripathi and Ors. Vs U.P. Power Corpn. and Ors.. Supreme Court (India)

Case NumberCivil Appeal No. 4166 of 2008
JudgesB. Sudershan Reddy and Aftab Alam, JJ
IssueApprentices Act, 1961; Service Laws
Judgement DateJune 15, 2009
CourtSupreme Court (India)

Judgment:

Aftab Alam, J

  1. This appeal by special leave is at the instance of a number of appellants who, more than eleven years ago, had done a term of apprenticeship in different trades with the Uttar Pradesh State Electricity Board under the provisions of the Apprentices Act, 1961. On completion of the period of apprenticeship they claimed absorption as Junior Engineers and on different posts of Operating Staff on the basis of their apprentice training in the respective trades suitable for the posts. The Board did not accede to their claim and instead issued an advertisement on October 17, 1998 inviting applications for filling-up the vacancies of Junior Engineers, Sub-station Officers, Fitters, Draftsman Mechanical, Machinists, Lineman, Plumbers, Instrument Mechanic, Wireman, Diesel Mechanic, Boiler Operators, Electricians and similar other posts. The appellants moved the Allahabad High Court seeking a direction in their favour and asking the Board to consider them for appointment on the respective posts relating to the different trades in which they had received training as apprentices, ignoring the age bar and giving them preference over candidates who were not trained apprentices.

  2. Here, it may be noted that a three-Judge Bench of this Court had rendered the decision on January 12, 19995 in U. P. State Road Transport Corporation vs. U. P. Parivahan Nigam Shikshuk Berojgar Sangh, AIR 1995 SC 1115 and in paragraph 13 of the judgment it was observed as follows:

    We make it clear that while considering the cases of the trainees for giving employment in suitable posts, what has been laid down in the Service Regulations of the Corporation shall be followed, except that the trainees would not be required to appear in any written examination, if any provided by the Regulations.

  3. In 1998 when the appellants moved against the advertisement dated October 17, 1998, the issue was alive before the Allahabad High Court as to whether the exemption from appearing in any written examination as directed by this Court in U. P. State Road Transport Corporation was of general application and would apply to all apprentices for employment in all the different departments and organisations. The writ petition filed by the appellants was, therefore, tagged to another case being Civil Misc. Writ Petition No. 23076 of 1998, Arvind Gautam vs. State of U. P. and Ors. and the matter was referred for hearing before a Full Bench. The Full Bench took the view...

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