TECHNOCRATS INDUSTRIAL TRAINING CENTRE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner prays for setting aside the order dated 3.5.2011 (Annexure-13) passed by the Joint Director Training, Labour Department, Government of India, whereby the representation of the petitioner dated 15.11.2010 has been rejected. In effect, the petitioner seeks shifting of date of affiliation/recommendation from February, 2011 to August, 2010. The petitioner is an industrial training institute duly registered under the Societies Registration Act. In light of the advertisement dated 7.11.2009 issued by the Labour Department, the petitioner applied for imparting training under trade of Electrician and Feeder and made a request for No Objection Certificate from the department. The said authorities gave No Objection on 3.3.2009 with a further direction to the petitioner to submit all the requisite information and papers as per Annexure-3. On 29.4.2010 the petitioner submitted all requisite papers as per Annexure-3 for conducting an inspection. The Director, Employment and Training through memo dated 4.5.2010 directed the Principals of two Industrial Training Centers for preliminary inspection of petitioner's Institute (Annexure-3). The inspection team submitted its report on 8.5.2010 after duly verifying all the documents contained in Annexure-3. On 11.5.2010 the Director, Employment and Training, Bihar sent the entire files alongwith inspection report to Regional Office of National Council of Vocational Training (hereinafter referred as N.C.V.T.) situated at Calcutta and requested for inspection by Regional Office (Annexure-4). In light of the letter dated 4.6.2010 of Regional Office, N.C.V.T., Calcutta, the Director of Labour, Employment, Labour Department constituted a Standing Committee/Scrutiny Committee for purposes of making recommendation for affiliation to Director General, Employment and Training, Government of India, The date of inspection was fixed between 21.6.2010 to 26.6.2010.

(2.) The inspection of petitioner's centre was scheduled for 21.6.2010 (Annexure-5). After inspection, the Director, Labour Employment forwarded the inspection report to the Director General, Employment and Training, Government of India vide letter dated 26.6.2010 (Annexures-6 & 7). The Standing Committee did not recommend the petitioner's case for affiliation because of two deficiencies namely: (a) meter sealing report was not available, and (b) bills for purchase of tools and equipments are not enclosed. The petitioner on 3.9.2010 represented to the Director, Employment and Training, Labour Department, Government of Bihar for recommending his case for affiliation to N.C.V.T. as it fulfilled the requisite requirements (Annexure-8). The Director, Employment and Training, Labour Department, Government of Bihar vide its letter dated 14.9.2010 explained the matter to the respondent No. 3 vide Annexure-9. On 31.10.2010 the respondents 2 and 3 granted affiliation to the petitioner Institute w.e.f. February, 2011 (Annexure-10).

(3.) Being aggrieved, the petitioner represented to the authorities for shifting the date of recognition to August, 2010. The petitioner in his representation stated that the institutions which were inspected alongwith the petitioner's centre round about the same time have been recommended affiliation from August, 2010. The petitioner states that in anticipation of affiliation it has enrolled students for the 2010 sessions. As the petitioner did not receive any positive response from respondents it filed C.W.J.C. No. 20466 of 2010, which was disposed of 22.2.2011 with a direction to respondent No. 3 to consider the representation and pass an appropriate order in accordance with law. The Joint Director, Labour Department, Government of India vide its order dated 3.5.2011 rejected the representation of the petitioner. According to the petitioner no material reason has been given for rejection of his representation. It appears that a learned Single Judge vide order dated 16.7.2012 in substance observed that examination form of petitioner's centre should be accepted. A copy of the order dated 16.7.2012 is quoted hereinbelow:--