JITENDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 22. 01. 2009 passed in Writ Petition No. 1842/2002 by the learned Single Judge, whereby the petition has been dismissed.

(2.) THE appellant was a Mechanical Diploma engineer. He was selected on 13. 03. 2000 as an apprentice by the Board constituted under the provisions of the Apprentices Act, 1961 (for short 'the Act of 1961' ). After selection, he reported to the Chief Engineer, PHED for training and an agreement was executed between the Chief Engineer, the employer, and the appellant for providing him training for a period of one year as an apprentice.

(3.) THE terms of the agreement was that 50% money spent on the training shall be borne by the Board and balance 50% to be borne by the appellant. The appellant's training commenced from 04. 05. 2000 and stayed till 17. 06. 2001. His submission is that since he has been engaged for a period of over one year, therefore, he remained under the employment of the employer and in terms of Section 22 (2) of the Act of 1961, the employer is bound to give him employment and keep him engaged. For convenience, Section 22 of the Apprentices Act, 1961 is extracted below and reads as under:-22. Offer and acceptance of employment.-