LAWS(MAD)-2007-6-416

RAVI KUMAR Vs. CHAIRMAN, ORDNANCE FACTORY BOARD

Decided On June 22, 2007
RAVI KUMAR Appellant
V/S
Chairman, Ordnance Factory Board Respondents

JUDGEMENT

(1.) K .Chandru 1.The petitioner had got his name registered in the Employment Exchange as a skilled worker.The grievance of the petitioner is that the respondents,Central Ordnance Factory,Ministry of Defence,are not calling the candidates from the Employment Exchange while making appointments.But they are giving preference in employment to the Trade Apprentice,who are trained by them.Therefore,the petitioner prays for a direction from this Court to the respondents that for future vacancies candidates must be called for from the Employment Exchange and appointments to be made as per the list.

(2.) ON behalf of the respondents,a counter affidavit dated 20.9.2006 was filed.In that,they had stated that the department is guided by the instructions issued by the Ministry of Labour dated 26.2.1996 and following the decision of the Hon 'ble Supreme Court,they have been recruiting the candidates strictly from the waiting list of Ex -Trade Apprentices of the second respondent factory.Already,the waiting list of candidates kept with them is more than the requirement and therefore,the question of calling candidates from the Employment Exchange does not arise.

(3.) ATTENTION of this Court was also brought to a letter issued by the second respondent dated 13.1.2006 wherein the petitioner in W.P.( MD)No.9722 of 2005 was also informed the correct position with reference to the recruitment procedure.The following paragraphs found in the said letter are relevant to the context,which are extracted below: Accordingly,OFT has been considering Trade Apprentices trained from this factory for appointment.As already there is a huge waiting list available in the factory,deviating from the instructions and in the letter issued by the Ministry of Labour and Ordnance Factory Board,other candidates can not be considered,OFT can no consider the case of Shri.T.Ganapathy as he has not been trained by this factory and he has not undergone apprentices hip at OFT.