Online edition of India's National Newspaper
Wednesday, Jul 11, 2007
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Online edition of India's National Newspaper Wednesday, Jul 11, 2007 ePaper |
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Tamil Nadu
Staff Reporter
MADURAI: The Central Ordnance Factory under the Union Ministry of Defence cannot be compelled to appoint skilled labourers only through the employment exchange, the Madurai Bench of the Madras High Court has ruled. Justice K. Chandru held that the factory was free to appoint labourers from the waiting list of its former apprentices who were trained for the job with a guarantee of employment, as and when vacancies arose. The ruling was passed while dismissing a writ petition filed by G. Ravikumar of Tiruchi who sought a direction to the Chairman and Director General of Ordnance Factory Board in Kolkata to fill vacancies through employment exchanges. The petitioner relied upon Section 22 (1) of the Apprentices Act, 1961 which states that it was not obligatory on the part of an employer to appoint apprentices. Nevertheless, the Judge said the Section would come into operation only when there was no guarantee of employment to the apprentices. “If there is a guarantee for employment after the training period, then certainly to the exclusion of any outsider, the trained apprentices can be preferred.” He cited a Supreme Court ruling in Narender Kumar versus State of Pujab (1985) case and a Division Bench judgement of Madras High Court in M. Elumalai versus Bhuvaneswari (2007) case to substantiate his conclusion. In the latter decision, the court had upheld the right of the State in recruiting persons who were trained at its expense to the exception of a total stranger to the institution. In his counter affidavit, the General Manager of the Ordnance Factory, Tiruchi, contended that the former apprentices were being appointed as per the instructions issued by the Union Labour Ministry on February 26, last year. The waiting list of such apprentices was more than the vacancies and hence there was no need to call for candidates from the employment exchanges, he said.
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