LAWS(MAD)-2017-1-171

M. RAMANI Vs. TAMILNADU GENERATION AND DISTRIBUTION CORPORATION, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, 144 ANNA SALAI, CHENNAI

Decided On January 25, 2017
M. Ramani Appellant
V/S
Tamilnadu Generation And Distribution Corporation, Rep. By Its Chairman And Managing Director, 144 Anna Salai, Chennai Respondents

JUDGEMENT

(1.) Since the relief sought for in all these writ petitions are identical, they were heard together and are disposed of by this common order. For the purpose of disposing the present batch of cases, W.P.No.1510 of 2016 is taken as a lead case.

(2.) The petitioners, who are 51 in number, have completed their Apprenticeship training in the respondent corporation viz. Tamil Nadu Generation and Distribution Corporation, and they seek for a writ of declaration to declare the proceedings of the first respondent dated 10.12015 and notification dated 28.12015 requiring the petitioners, who worked as Apprentices in the first respondent, to undergo written examination as being illegal and to direct the respondents 1 and 2 to dispense with the written examination for the petitioners for the ensuing direct recruitments to the post of Assistant Engineer (Electrical), Assistant Engineer (Mechanical) and Assistant Engineer (Civil) and also to direct the respondents 1 and 2 to formulate a scheme for absorbing the Ex-apprentices as per the amended provisions of Sec. 22(1) of the Apprentices Act, 1961 Act (herein after referred to as "the Act"). In this batch, one set of cases have been filed by Diploma Holders viz., W.P. Nos. 12702, 12705 and 12724 to 12727 of 2016 and the only distinction is that they are all Diploma Holders, whereas, the other writ petitioners are B.E. Engineering graduates.

(3.) The case of the petitioners is that under the provisions of the Act, every year Tangedco recruits Engineering Graduates/Diploma Holders as apprentices to undergo apprenticeship training for a period of one year and on successful completion of training, a certificate would be issued. The petitioners, on securing their Engineering Degree/Diploma enrolled their names with the Board of Apprenticeship Training, who in turn sponsored the name of the petitioners to the Tangedco for being trained as apprentices.