ASSOCIATION OF INDUSTRIAL TRAINING CENTRES OF KERALA Vs. DIRECTOR OF TRAINING DIRECTORATE OF EMPLOYMENT AND TRAINING DEPARTMENT OF INDUSTRIAL TRAINING TRIVANDRUM

JUDGEMENT

(1.) Petitioners in this Original Petition are Association of Industrial Training Centres of Kerala and Indu Jairaj, Proprietrix of Hi - Tech Industrial Training Centre, Mulanthuruthy. First petitioner is an association of the owners/managements of Industrial Training Centres in Kerala. The Association is formed and is functioning for the redressal of the grievances and for the better functioning of the private Industrial Training Centres in Kerala.

(2.) The Industrial Training Centres are private sector Industrial Training Institutes which are imparting training to candidates appearing for All India Trade Tests of the Government of India under the Craftsmen Training Scheme. According to the petitioners, similar institutions run by the Government are called Industrial Training Institutes (I.T.Is.) while those institutions in the private sector are called Industrial Training Centres (I.T.Cs.). Industrial Training Institutes are affiliated to the National Council for Vocational Training (NCVT). The standard laid down by the Council, Syllabus, etc, have to be followed by the Training Institute.

(3.) Original Petition has been filed challenging Exts. P1 and P2. Ext. P1 is a circular issued by the Department of Industrial Training, Kerala. This circular refers to a decision of the Government of India by which, the staff of private I.T.Cs. affiliated to NVCT should be paid a minimum of 2/3rd of the salary being paid to the faculty/staff members of equivalent level of Government I.T.Is. with immediate effect. Ext. P1 further states that decision was taken on the basis of the recommendation of the 31st NCVT meeting held on 31.11.1995 and conveyed vide Government of India letter dated 16.8.1996. It is further stated that the norms regarding payment of salary is a pre condition for getting permanent affiliation. Ext. P1 is accompanied by the details of the salary. Ext. P2 is a communication from the Joint Director of Training, Ministry of Labour, Government of India. It refers to the meeting of NCVT held on 30th November, 1995 and its recommendation that a minimum of 2/3rd of the salary being paid to a Government servant of equivalent level should be paid to the staff members of the private I.T.Is. It says that the Government has accepted the recommendation of the council. It also reiterates that the affiliation will be snapped, if the salary is not given. Grounds stated in the Original Petition is that minimum wages can be fixed only under the Minimum Wages Act. No notification is issued under the Minimum Wages Act nor any opportunity given to the petitioners nor the procedure of the Minimum Wages Act followed.