The Hindu Business Line : Apprentices have no right to seek preference in jobs over others: HC

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Apprentices have no right to seek preference in jobs over others: HC

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Chennai Feb. 8 Apprentice trainees had no right to seek job in preference to other applicants, the Madras High Court has ruled.

Citing a ruling of the Supreme Court on October 3, 1996, the First Bench held that apprentices/trainees should have to go through process of selection provided under service regulations/rules.

In the writ appeal by Mr K. Venkadesan, Secretary, Neyveli Lignite ITI Apprentice Welfare Association, challenging the order of the single judge holding that persons who had undergone training in trade apprenticeship in Neyveli Lignite Corporation were eligible to participate in selection subject to fulfilling other conditions, the Bench, comprising Chief Justice Mr A.P. Shah and Mr Justice K. Chandru said that reliance placed upon circular dated April 21, 1983 of the Central Government was misconceived.

According to the appellant, members of the association had undergone ITI course and they were all trained apprentices and should be given preference over others who had worked as apprentices in NLC.

The single judge ruled that NLC would take care of the trained persons keeping in view statutory provisions and judicial pronouncements. He therefore dismissed the petition.

The Bench referred to the judgment of apex court holding that apprentices should have to go through process of selection under service rules and said that it would be necessary for them to accept selection where viva voce test was also provided.

The apex court had clearly laid down that apprentice-trainees had no right to be appointed in preference to other applicants. The argument based upon any preferential claim was also rejected by the Supreme Court and hence, the appellant could not urge the same point before this Court. In view of this, the writ appeal failed and the same shall stand dismissed.

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