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1988 DIGILAW 523 (KAR)

A. S. MOULANA v. GOVERNMENT OF INDIA

1988-11-24

M.RAMA JOIS

body1988
RAMA JOIS, J. ( 1 ) 1. The petitioner, an Apprentice on the establishment of the 2nd respondent M/s. Bharath Gold Mines Ltd. , presented this petition seeking for the issue of a direction to the respondents to permit him to appear for the 48th All India Trade Test of Apprentices in Engineering Trades. ( 2 ) THE facts of the case in brief are as follows : The petitioner secured Trade certificate in the trade of Turner from the industrial Training Institute K. G. F. after an institutional Training for a period of two years in the evening Course as a private candidate. The certificate indicating that the course was for two years is found at annexure - B which reads thus :"government OF KARNATAKA no. ITI/ec/cr-1/83-85 Office of the principal, Industrial Training Institute, k. G. F. 563 115, dated 9-2-1988. CERTIFICATE this is to certify that Sri A. S. Moulana son of Syed Ahmed Jan was a regular trainee of the Industrial Training Institute in the trade in TURNER under evening class scheme during the year 1983- 85. Sd/- principal industrial Training Institute, k. G. F. 563 115. "pursuant to the advertisement by the bharath Gold Mines Ltd. , inviting application for being recruited as an apprentice, the petitioner applied and was recruited. Recruitment notice is dated 20th october 1986 (Annexure - D ). In the said notice it is specifically stated that the training period is one year. Thereafter, when the petitioner intended to appear for the All india Trade Test, he was informed that he was ineligible on the ground that he ought to have put in three years apprenticeship training for being eligible to appear for the trade test. Questioning legality of the said order, the petitioner presented this writ petition. The test was scheduled to commence on 22-4-1988. There was an interim order directing the respondents to permit the petitioner to take the test. Accordingly he has taken the test. ( 3 ) THE only question that arises for consideration is, whether the petitioner was eligible to appear for the test and therefore entitled for the announcement of results. ( 4 ) IT is common ground that Section 6 of the Apprentices Act, 1961 prescribes the period of Apprenticeship Training. Accordingly he has taken the test. ( 3 ) THE only question that arises for consideration is, whether the petitioner was eligible to appear for the test and therefore entitled for the announcement of results. ( 4 ) IT is common ground that Section 6 of the Apprentices Act, 1961 prescribes the period of Apprenticeship Training. According to Section 6 (aa) of the Act, in respect of trade apprentices who have undergone institutional training the period of apprenticeship training shall be such as may be prescribed. Rule 5 of the Apprenticeship rules 1962 prescribes the period of apprenticeship Training. The relevant Rules reads :"5. PERIOD OF APPRENTICESHIP training :- (1) The period of apprenticeship training in the case of trade apprentices) referred to in clause (b) of section 6 of the Act shall be as follows : trades Code number (s) of National Classification of Occupation. Period of Training. Group No. 1 - Machine shop trade group- 1. Fitter 750. 10, 750. 15 three years. 2. Turner 751. 10 three years. 3. Machinist 751. 30, 751. 20, 751. 22, 751. 26 three years. 4. Machinist (Grinder) 751. 55 three years. "under the above rule, the period of Apprenticeship prescribed for a Turner is three years. The petitioner however, relies on the Notification issued by the Central Government under. Section 6 of the Act. The relevant portion of that Notification reads : "g. S. R. 1859 dated December 5, 1967.- In exercise of the powers conferred by clause (a) of Section 6 of the Apprentices Act, 1961 (52 of 1961) the National Council for Training in Vocational Trades hereby determine that the period of apprenticeship training in any designated trade specified in column 1 of the Table below shall in the case of an apprentice who, having undergone institutional training for one year or two years in an Industrial training Institute or Centre recognised by the said Council, has passed the trade tests, be such period as remains after deducting the period of institutional training undergone by him from the period specified in respect of that trade, in the corresponding entry in column 2 of the said table : designated Trade period. 1 2 machine - shop trade group 1. Fitter three years 2. Turner three years. 1 2 machine - shop trade group 1. Fitter three years 2. Turner three years. ** ** **" from the above notification, it is clear that while the period of apprenticeship training for Turner is three years, the said period has got to be reduced by the period of institutional training undergone by the candidate in the trade concerned. The petitioner contends that he had undergone Institutional Training for two years and therefore he was eligible for appearing for the trade test after undergoing apprenticeship for a period of one year. ( 5 ) LEARNED counsel for the respondents, however, submitted that the exemption granted in the above notification applies to such of the candidates who had undergone institutional training in regular course and not to the petitioner who had undergone institutional training in the evening course. ( 6 ) THE Notification does not make any such classification and distinction. Whether a candidate had undergone institutional training in the day course or evening course there is no difference in the certificate so long as. The certificate in the trade of turner is secured after institutional training for two years from the Department of Employment and Training of the State of Government. Therefore the petitioner is entitled to the benefit of the notification. ( 7 ) FOR the aforesaid reasons, I make the following - (i) Writ Petition is allowed. (ii) A direction shall issue to the respondents to announce the result of the petitioner. --- *** --- .