PRAHALDBHAI MANILAL PATEL Vs. GEB

JUDGEMENT

(1.) The petitioners before this Court had been engaged by the respondent-Gujarat Electricity Board [hereinafter referred to as, "the Board"] as Apprentice in Commercial Practice in the year 1983. The petitioners have successfully completed the period of Apprenticeship in the year 1984. However, under communication dated 21st January, 1986 the Board informed the petitioners that they were required to appear and pass the Trade Test, and unless they passed such trade test, they would not be eligible for appointment in the Board. The respondent no.4 authority also, under its communication dated 29th January, 1986 informed the Board that the apprenticeship agreement was required to be registered within three months from the date the apprenticeship agreement was drawn. Nevertheless, in certain cases the Board had failed to forward the apprenticeship agreements until after the apprenticeship period was over. Such agreements submitted after the specified period could not be registered and that the registration in respect of such apprenticeships were cancelled. Feeling aggrieved, the petitioners have preferred the present petitions.

(2.) The petitioners have challenged the Board's communication dated 12th January, 1986 in calling upon the petitioners to take the trade test and to pass the examination as a condition precedent for getting employment in the Board and the action of the respondent no.4 in cancelling the registration of the apprenticeship agreements qua the petitioners.

(3.) Section 4 of the Apprentices Act, 1961 [hereinafter referred to as, "the Act"] provides for contract of apprenticeship. Section 9 thereof provides for practical and basic training of apprentices. Section 10 thereof provides for related instructions to be given to the apprentices during the period of practical training. Section 12 of the Act provides for obligations of apprentices. It provides, inter alia, that every apprentice shall attend practical and instructional classes regularly. Section 18 of the Act provides that apprentices are trainees and are not workers, therefore, provisions of any law with respect to labour shall not apply to or in relation to such apprentice. Section 21 of the Act provides that every trade apprentice who has completed the period of training shall appear for a test to be conducted by the National Council to determine his proficiency in the designated trade in which he has undergone his apprenticeship training. On passing the trade test, an apprentice is required to be granted a certificate of proficiency in the trade by the National Council. Section 22 of the Act provides that, "it shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the employer."