UTTAMA RAM BHARGAVA Vs. RAJ STATE ROAD TRANSPORT

JUDGEMENT

(1.) THIS writ petition is pending since 1992 and has come up before me.

(2.) LEARNED counsel for the petitioner submits that the petitioner has to his credit NTC certificate of the year 1990 passed from the I.T.I., Barmer. He was selected for the training for one year under the apprentice programme vide order dt. 5.3.1991. He has relied on Kendriya, Sarvodaya Sahkari Sangh Ltd., Jaipur v. Jawan Singh Ranawat 1967 RLU 73 and S.P. Srivastava v. Banaras electric Light and Power Co. 1988 (1) 16 Factory and Labour Report 386 and submits that after completion of one year of training the petitioner was not absorbed, as Fitter and prayed for necessary direction.

(3.) AS per Section 2(aa) of the Apprentices Act, 'apprentice' means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. Section 7 provides for termination of apprenticeship contract and according to Sub -section (1) of this Section, the contract of apprenticeship shall terminate on the expiry of the period of apprenticeship shall terminate on the expiry of the period of apprenticeship training. Section 18 of the Act of 1961 makes it specifically clear that apprentices are trainees and not workers Section 22 provides offer and acceptance of employment on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be the obligatory on the part of the apprentice to accept an employment under the employer. Sub -section (2) of Section 22 provides that where there is a condition in a contract of apprenticeship that the apprentice shall, after the successful completion of the apprenticeship training. serve the employer the employer shall on such completion be bound to offer suitable employment.