Legal Question in Employment Law in India

Regularisation of Trade Apprentices

IOCL,Haldia Refinery was earlier recruiting Trade Apprentices who has completted Apprenticeship under 1961 Act as a permanent employee against its vaccant posts with out any competitative examination with fresh candidates. After the decision of Supreme Court in U.P. State of Road Transport Corporation & anothers vs U.P. Parivahan Nigam Shishukhs Berozgar Sangh & others dated 12/01/1995[1995 AIR 1115 1995 SSC(2)1, Bench-B.L.MAJUMDER, KULDIP SINGH, B.L.HANSARI] IOCL has started recruiting candidates through competative examination and based on merits i.e. highest marks obtained in the written and oral test. IOCL concerned service rule didn't specify anything regarding merit based selection against permanent vaccancy. Still IOCL is maintaining it. Now if IOCL wants to take trade apprentices by giving preference over direct candidates and wants to make rule that in its selection method it will give preference to Trade Apprentice over direct candidates against permanent vaccancy if Trade Apprentices get just minimum qualifying marks both in written and oral test by surpassing highest marks obtainer direct candidates then will it violate the above order of Supreme Court ?


Asked on 7/07/09, 6:49 am

2 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Regularisation of Trade Apprentices

probably. However, there would be various pros and cons and the same can be answered only after the draft rule for the same is perused.

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Answered on 7/09/09, 7:55 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Regularisation of Trade Apprentices

They have a very elaborate law department and we cannot predict about the rules they will be making. An opinion may not be based on rules which are still to be made.

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Answered on 7/08/09, 6:29 am


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