Legal Question in Employment Law in India

Regularisation of Trade Apprentices

After successful completion of apprenticeship under apprentice act 1961, can apprentices be absorbed against permanent vaccancies after going through a selection test with fresh candidates by giving preference over fresh candidates though the apprentices secured less marks than fresh candidates and just have secured minimum qualifying marks in the selection test? Can apprentices have any right to be absorbed by having preference over fresh candidates just having secured minimum qualification marks in the selection test? If not, then what is the meaning of SUPREME COURT's judgement in U P State Road Transport Corporation '' Other things being equal, a apprentice can be given preference over direct candidates?'' In this judgement does ''other thing'' mean marks in the selection test for appointment?


Asked on 7/04/09, 7:18 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Regularisation of Trade Apprentices

The validity of selection process may depend upon a number of factors. If the selection is governed by statutory rules, the first and foremost aspect would be compliance with the statutory rules.

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Answered on 7/04/09, 10:53 am
Pranav Desai PD Legal & Associates

Re: Regularisation of Trade Apprentices

Other things in the judgment would include other parameters based on which a candidate would be selected.

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Answered on 7/07/09, 6:36 am


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