WP(C) 1137/2015. Gauhati High Court
| Case Number | WP(C) 1137/2015 |
| Judgement Date | May 05, 2015 |
| Court | Gauhati High Court |
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
WP(C) NO. 296 Of 2015
Petitioners :
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Sri Shyamal Kumar Das,
S/o Late Surnath Ch Das,
C/o Debajit Kumar Mali,
Nabin Nagar, Janapath, Byelane-1,
R. G. Baruah Road, P.O.-Zoo Road, Guwahati, Kamrup (M), Assam-781024.
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Sri Himangshu Gogoi,
S/o Sri Guchai Gogoi, Vill-Balaibeel (Gogoi Supa),
P.O.-Changchari, Kamrup (R), Assam-781101.
By Advocates:
Mr. K. N. Choudhury, Sr. Advocate, Mr. B. Chakraborty.
Respondents:
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Indian Oil Corporation Limited, represented by its Director, Refinery Division, Indian Oil Corporation, Scope Complex, Core-2, 7, Institutional Area, Lodhi Road, New Delhi-110003.
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Indian Oil Corporation Limited, Refineries Division, represented by its General Manager, Guwahati Refinery, Noonmati, Guwahati-781020.
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Officer (Employee Relation)
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WP(C) No. 924/2015
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Indian Oil Corporation Limited, Refineries Division, Guwahati Refinery, Noonmati, Guwahati-781020.
By Advocate:
Mr. N. Deka.
Petitioners :
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Sri Chandan Kalita,
S/o: Late Tezadhar Kalita,
R/o: Kalaguru Path, Sarumataria, P.S.: Dispur, Guwahati-36, Assam.
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Sri Ratul Sarma,
S/o: Sri Kumud Ch. Sarma,
R/o: Hengrabari, Kali Mandir,
P.S.: Dispur, Guwahati-36, Assam.
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Sri Dhruba Jyoti Sharma,
S/o: Sri Lankeswar Misra,
R/o: Gandhi Basti, Achala
Bhuyan Road, Bye Lane No. 3,
Guwahati-3, Assam.
By Advocates:
Mr. K. N. Choudhury, Sr. Advocate, Mr. B. Chakraborty. Respondents:
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Indian Oil Corporation Limited, Refineries Division: Guwahati Refinery, Noonmati, Guwahati-781020, Assam.
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Executive Director,
Guwahati Refinery, Noonmati, Guwahati-20.
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General Manager (H.R.),
Guwahati Refinery, Noonmati, Guwahati-20.
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WP(C) No. 924 Of 2015
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Chief Human Resource Manager, Guwahati Refinery, Noonmati, Guwahati-20.
By Advocate:
Mr. N. Deka.
WP(C) NO. 1133 Of 2015
Petitioner :
Sri Kularanjan Pathak,
S/o Sri Tarani Kanta Pathak, House No. 12, Anupam Path Ou Tal, P.S.-Geetanagar, Kamrup (M), Assam-781021.
By Advocates:
Mr. K. N. Choudhury, Sr. Advocate, Mr. B. Chakraborty.
Respondents:
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Indian Oil Corporation Limited, represented by its General Manager, Guwahati Refinery, Noonmati, Guwahati-20.
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General Manager,
Guwahati Refinery,
Guwahati-20.
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Officer (Employee Relation).
Indian Oil Corporation Limited, Refineries Division, Guwahati Refinery, Noonmati, Guwahati-781020.
By Advocate:
Mr. N. Deka.
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WP(C) NO. 1137 Of 2015
Sri Basanta Choudhury,
S/o Sri Gopal Choudhury, House No. 06, Patharquari,
P.O.-Udayan Vihar, Kamrup (M), Assam-781101.
By Advocates:
Mr. K. N. Choudhury, Sr. Advocate, Mr. B. Chakraborty. Respondents:
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Indian Oil Corporation Limited, represented by its General Manager, Guwahati Refinery, Noonmati, Guwahati-20.
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General Manager,
Guwahati Refinery,
Guwahati-20.
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Officer (Employee Relation)
Indian Oil Corporation Limited, Refineries Division, Guwahati Refinery, Noonmati, Guwahati-781020.
By Advocate:
Mr. N. Deka.
B E F O R E
HON’BLE MR. JUSTICE UJJAL BHUYAN
Date of hearing : 21.04.2015
Date of Judgment : 05.05.2015
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Petitioner :
J U D G M E N T AND O R D E R (ORAL)
Heard Mr. K. N. Choudhury, learned Sr. Counsel assisted by Mr. B. Chakraborty, learned counsel for the petitioners and Mr.
N. Deka, learned counsel for the respondents.
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Subject matter of all the four writ petitions being identical, those were heard together and are being disposed of by this common order.
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Challenge made in this bunch of writ petitions is to the advertisement dated 01.11.2014 issued by the Guwahati Refinery for recruitment of Non-Executives in Guwahati Refinery in various posts covering different trades.
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Some of the petitioners have completed trade apprentice training in the Guwahati Refinery under Indian Oil Corporation Ltd. whereas, the rest of the petitioners are still undergoing training under the provisions of the Apprentices Act, 1961 . 33 vacancies in different posts such as Jr. Engg. Asstt.-IV (Production), Jr. Engg. Asstt.-IV (Mechanical)-Machinist etc. have been notified. It is stated that candidates who have completed apprentice training in the relevant trade under the Apprentices Act, 1961 would be given age relaxation for the period of training undergone. Qualification and
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experience for the different categories of posts have been prescribed. In addition to the essential qualifications and experience, it was stated in the advertisement that a candidate should possess the prescribed qualification from a Government recognized Indian University/Institute as a regular course with 60% marks (55% marks for SC/ST) in aggregate. It was further provided that in case of candidates having completed apprenticeship training in the relevant trade under the Apprentices Act, 1961 the period of apprenticeship training in the relevant trade would be considered as experience but no additional age relaxation would be allowed.
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Subsequently...
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