LAWS(GJH)-1996-2-5

V S OHILYA Vs. GUJARAT ELECTRICITY BOARD

Decided On February 07, 1996
V.S.OHILIYA Appellant
V/S
GUJARAT ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) The petitioner has filed this Writ petition in which he made prayer that the respondent authorities be directed to forthwith employ and absorb the petitioner in the regular services as Boiler Attendant in Porbandar Thermal Power Station or in Penanthro Thermal Power Station or in Sikka Thermal Power Station and/or anywhere in Gujarat. It has further been prayed that the respondent authorities may be directed to absorb the petitioner in the regular services as Helper in the wiremen trade or in any other trade in any part of Gujarat in the office of the respondents. The absorption-cum-appointment is claimed with retrospective effect. The brief facts of the case are as follows:

(3.) The petitioner was engaged as Apprentice under the Apprenticeship Act, 1961 in the trade of Boiler Attendant in the office of the respondents for a period of 3 years commencing from 23.9.80 till 22.9.83. The petitioner not only completed the three years apprenticeship period as a trainee but also qualified himself in the wireman examination held on 28th November, 1982. The petitioner complains that after completion of the apprenticeship period, he should have been given the regular appointment. The select list of the apprentices has been prepared in which the name of the petitioner was at Sr. No. 72, but he was not given regular appointment. The petitioner claims that as per the guidelines of the respondents, he acquired a right of regular appointment after the completion of apprenticeship period, but the respondents have acted arbitrarily in the matter of giving regular appointment to the petitioner. The petitioner has made further complaint that many persons who are juniors as apprentice have been given regular appointment by the respondents, but the same treatment has not been given to the petitioner.