OIL INDIA LTD Vs. OIL INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1.10.96 passed by the learned single Judge in Civil Rule No. 4853 of 1996, who disposed of the Civil Rule.

(2.) The Appellant is a Registered Society registered under the Registered of Societies Act, 1860, consisting of Apprenticeship trainees, who are/were undergoing training in the Oil India Limied (in short "OIL"). The petitioner- Association moved the High Court seeking for a direction from the Court to give preference to the Trainee Apprentices, those who have completed their training, in the matter of employment under OIL and without insisting the apprentices to sit in the written test. The High Court upon considering the rival cases of the parties and also apon considering the decision of the Supreme Court in U.P.State Road Transport Corporation and another Vs. U.P.Parivahan Nigam Shishukhs Berozgar Sangh and anothers reported in (1995) 2 SCC 1 disposed of the writ petition by giving direction in conformity with the Paragraph 12 of the aforesaid judgment. The learned Single Judge, however, refused to acceded to the prayer of the petitioner for not requiring to appear in the written examination. Hence the appeal.

(3.) The useful utilisation of the human resources is the core question. The Apprentices Act of 1961 (for the sake of brevity it shall herein-after be referred to as "THE ACT") was enacted to provide, regulate and control of apprenticeship and matters connected therewith. The object of the Act js to ensure that the training of the apprentices orgainsed to meet the increased demand in skilled-draftsman! in the wake of industrial development of the country, and also to meet the emploment potential and to solve the un-employment problem. The Act is ammended from time to time, and by the Act 41 of 1986 the Parliament ammended the Act to provide "on the job training to the product of vocational stream so that adequate competence and skill required for various occupations are acquired which would lead to suitable employment or solve employment opportunity in the organised industry, etc.