Central Administrative Tribunal - Hyderabad
K Satya Suryakala vs M/O Defence on 21 October, 2019
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
HYDERABAD
O.AMZOMB8E/2043 Date of order: 24.10.2018
Between:
1.K Satya Surya Kala, D/o K.Aruna,
Age 23 yrs, Occ.unemployed,
Rio D.No. 46-11-60, Aflurivan Street,
Dondaparthy, Visakhapatnam.
2. B. Aruna Kumar, Dio B Govind Raju,
Cio B. Jogi Naidu,
D.No. 35-93-107/2. Indira: Nagar HY,
Visakhapatnam,
3. P. Bhagyalakshmi, Age 23 yrs,
Dio P.Rambabu, Occ, unemployed ,
Rio D.No. 2-22, Bhavasni (Tales),
Annavaram, Po. NuzvidMand
JMiaya Lakshmi, Age 25: WIS, ;
* Soe Unemployed, Dio J. Venkata Ramana,
Rio d.No. 36-92-42, Indira Nagar,
Kanchrapalem, Visakhapatnam,
5. K Hymavati, Age 26 yrs, Occ.,
Unemployed, DfoK. Subramanyam
R/o D.No. 7-162/A4, Neer Bible college Church,
Karnik Nagar, Piggery Firm, Visakhapatnam.
6. V.Ludhiyanna , Age 26 yrs...
Occ. Unemployed, D/o V, Appa Rao,
Rio D. No. 40-56- 25, Near Logos Church,
Sanjeevaiah colony, Visakhapatnam
7.R. Suresh, S/o Apparao, Age 25 yrs,
occ. Unemployed, R/o Thanam {Vv}
Paravada(M}, Visakhapatnam,
3. L. Bharani Kumar, Sfo CHITTI Aichuta Rao,
Age 24 yrs, Occ. Unemployed,
R/o Noble Nagar, Pilot No. 130,
industrial estate, Viziangram,
OAM2WEGES20 13
5. B. Ramu, S./o Demudu,
Age 26 yrs, Occ. Unemployed,
Rio D.No. 14-425, E. Block, Laxmingar,
Gopalapainam, Visakhapatnam,
10. B. Ramesh, S/o B.Appa rao,
Age 27 yts, Occ. Unemployed,
Rio D.No. 60-22-12, Prakash Nagar,
Maikapuram, Visakhapatnam.
11. ESUF Ali Shaik, S/o Ali Shaik,
Age 22yrs, Occ. Unemployed,
Rio D.No. 31-47-101, Fakeerthakiya,
Gajuwaka (M), Visakhapatnarn,
12 N. Bala Puspa Kumari, D/o Parvatheesam ,
Age 23yrs, Occ. Unemployed,
Rio D.No. 9-3-19/4, High school Road,
Pentayya Nagar, Near Gajuwaka, Visakhapatnam, |
13. Polamara setly Tejaswi, D/o N.Appa Rao,
Age 21 yrs, Occ. Unemployed,
Rio D.No. 60-50-7, Srinivasa Nagar,
ChinaGantyada, Old: Gajuwata, Visakhapatnam,
14. C. Komal, Dio Ch. 'Appa Rao. Age 25 yrs,
Oce. Unemployed, Rio D.No. 6-103, Vidyanagar,
Vepagunta, Visakhapatnam,
15. E.Suneef raja, Sfo E, Siva Ram,
Age 23 yrs, Occ. Unemployed,
R/o Qtr, No..C-!,Meghadripeta colony, Visakhapatnam,
16. P.Swath!, Dio P_Ananda Rao,
Age 22 yrs, Occ. Unemployed,
Rio D.No. 34-13-83, Sali Veedhi,
Ganapuram, Visakhapatnam,
17. M.Appala Kanda, S/o Appanna,
Age 25 yirs, occ. Unemployed,
Rio G.Jagannacdhapuram, Nakkapalll,
Mandal, Visakhapatnam Dist.
18. M.Jindira, Dio M. Thomas,
Age 25 yrs, Occ. Unemployed,
R/o Drivers colony, Srinivasa Nagar,
Old Gajuwaka , Visakhapatnam,
Pua
19. Suresh Babu Veyyakula, S/o V.Lakshmana Rao,
age 23 yrs, Qcc. Unemployed,
Rio D.No. 12-193, Jangala colony,
AganampudiP} Guiawaka(M) Visakhapanam,
20. K.Anuradha, D/o K. Venkata Sunbabu,
D.No. 28-62-4, Vadiapudi past,
Gajuwaka(M) Visakhapainam,
21. SAYYAD Nafeez, D/o S&S. Mohamoad,
Age 22 yrs, Occ. Unemployed,
R/o D.No. 38-8-11, Near Mosque, -
Marnpalem, Visakhapatnam,
22. Susnti Yanda, D/o Y-Simanchalam,
Age 24 yrs, Occ. Unemployed,
Rio D.No. 39-15-09, Madhavachara,
Birla Junction, Visakhapainam,
23. Parmila Bommabattulu,:
D/o Ananda Kumar, Age 29 yrs,
Occ. Unemployed, Rfo D.No. 44 167,
Durga Nagar, RRV Puram, Visakhapatnam,
24. Praveen Boppa, S/o-Ananil
Age 24 yrs, Occ. Unemployed,
R/o D.No. 58-1-196, New. Karsa,
NAD post, Visakhapatnam,
25. Sontosh Kumuar Hembram,
Cio Bhagahan Hembram, Age 28 yrs.
Occ. Unemployed, R/o Karakakhia ,
Via Kunta, Mayurbhan) Dist, Orrissa.
28. M.Chinna Rao, S/o Surri Babu ,
Age 25 yrs, Occ. Unemployes ,
Rio Gutapalli village, Py fakarao peta,
Visakhapainam Dist, -
27. Sahukaru Lokesh, S/o Ranga rao,
Age 24 yrs, Qcec. Unemployed ,
R/oApparac peta village,
Koduru Mandal Srikakulam Disi.
AND
1.The Union Of India,
Rep by its Scretrary, Ministry of Defence,
South Block,New Deihi,
CVUSO OSE UTS
Applicants
@ The chief of Naval staff
integrated Head quarter,
Ministry of Defence, south block
New Dein
3.The Admiral Superintendent,
Naval Dockyard, Naval base.
Visakhapatnam ,
Respondents
Counsel for the applicants | Mrs. ANITA SWAIN
Counsel forthe respondents -- - MrT. HANUMANTHA REDDY,
= sr PC for CG
CORAM:
THE HON'BLE Ms. MANJULA DAS, MEMBER ()}
THE HON'BLE MR.
SUDHAKAR, MEMBER (A)
ORAL ORDER
(PER HON'BLE Ms MANJULA DAS, MEMBER (J) Applicants have filed this OA under section 19 of the Administrative Tribunals Act, 1985 praying for the following retief{s}:
"call for the records pertaining to PASAA trade and the impugned order dated 06.07.2012 issued by the 3 respondent vide No.PEP/3038/RTI issued by the Administrative Officer Il on behalf of Admiral superintendent respondent 3 and = direct the respondent toa absorb the applicants in PASAA trade/or any other trade as non-designated post and pass such other order or orders as this Hon'ble Tribunal deem fit and proper in the circumstances of the case in the interest of justice, OA 2GAMESS260 13
2. Heard Mrs, Anita Swain, learned counsel for the applicants and Mn VS Jose Koallanur, representing Mr. T.danumantha Reddy, learned Senior Panel Counsel for Central Government, on behalf af the respondents.
3. Facts In brief are as follows:
(i) Pursuant to the notification Adv. No: /DAS(VI/11, applicants have applied for apprenticeship training at Naval Dockyard Apprentices Schoo! (DAS V2: B)I, Viskhpatnam in the designated trade of Programming and System Administration Assistant Trade (for short PASAA trade} {in accordance with Apprentices Act 1961}. They were selected after undergoing hrough select ian tests such as written, oral and medical tests. After sele ction, , they underwent training for a period of one year from 18. 04. 2010. to 14.04.2011, in the Dockyard Apprentice School, Visakhapatnam in the trade of PASAA. They also submitted an undertaking in the middie of the-training to-serve the Naval Ship Repair Yard, Karwar (Karnataka) on completion of the training. Since they were not absorbed even after four years of the training, they have submitted representations in 2012 and the said representations were rejected vide letter dated 06.07 2012 stating as follows:-
"la) The trade af PASAA which you have been "trained In the DAS{V) is a designated trade and recognized by NCVT. On completion.af.traming at DAS{V), National Apprentice Certificate was issued under the authentication of Secretary, NCVT, This is indicated in the certificate issued by DAS(V)} to you.
{ob} You are hereby advised to apply against the advertisement published by this Yard as and when vacancies of PASAA arises. Ht is, further, advised that you are at privilege to apply against the notification issued by the Government Organizations for fling up of PASAA vacancies, since, your apprentice training is entitled as per NAC issued by DAS(V}."
OASO2 WOOBE ES {3} Applicants state that as per Column 4 of Apprentices Rule i992, wherever there is 5 workers in the trade of PASAA employed, the amployer is bound to take one apprentice In such trade, As per apprentices training scheme, the basic qualification to the post of PASAA is that the National Trade Certification in Computer Operatar and Programming Assistant issued by the National Council for Vocational Training, as per the Ministry of Labour and Employment.
{Hi} As per the information obtained through Right to information Act vide letter dated 11.09.2012, applicants came to know that the trade of PASAA does not exist in the Naval Dockyard at all, hence, there is no yeaiewide strength/vacancies of PASAA trade exists in the respondents-organization.
: S fur : sta t e that PASAA trade training is a non- designated:trade in view of the fact that the training was imparted as per the syllabus in such a wey which is only required for the Naval Department and Administration and the trade question paper was specially prepared 'by the Dockyard Apprentices School, but not by the National Apprentice Council or any other authority of National Apprentices Council, Hence, PASAA trade under the National Apprentice Council is separate from. PASAA trade at Naval Dackyard Apprentice School since the final tests were conducted by the respondents, but not by the National Apprentice Council and, therefore, the impugned order of respondents js legal and arbitrary,
4. Main ground urged by the applicants in the OA is that the impugned order dated 06.07.2012 stating that applicants can apply against advertisement published by the Yard as and when vacancies of 6 oS, SENTING : OA 20/0688/20 13ES PASAA arises, is contrary to the reply dated 11.09.2012 issued under RM Act. as there is no trade af PASAA exists in the Dockyard.
5. Respondents have filed reply statement stating that as per Section 22 (1) of the Apprentices Act, it shall not be obligatory 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 obligatory on the part of the apprentice to accept an employment under the employer. The trade of PASAA is a designated trade established, vide SIL.No.3 and Colurin 2 of the table appended to the Apprentice RuJe, 1992. Each of the applicants are aware of the fact that there was no guarantee/o fer of employment at ND(V} an completion of the training. The contract signed by each 'af the applicants was registered with Regional Director of Apprentice Training, Hyderabad which clearly elaborates that the employer has no obligation to offer any employment to the apprentice 'on completion of the training nor does the apprentice has an obligation to accept an employment, if offered by the employer. Their obligation is restricted only to training, to a defined number of apprentices, and issue certificate to enable them toa seek employment in. any organization. The respondents state that Apprentice Rules, 1992 clearly.defines the trade of PASAA being a Designated Trade, No such obligation has been clearly indicated in the advertisement as igned and registered with Regional Director of Apprenticeship Training, Hyderabad in accordance with the extant regulations. Respondents further submit that the applicants have not executed any bond extracting commitment to serve at NSRY, Karwar on completion of the training, as per the records held in the Dockyard and applicants have not submitted any document fo prove it. Only a willingness to serve at NSRY, Karwar was sought for planning purpose as directed by the higher authorities, and it, in no mariner, create any obligation to offer any employment to the apprentices in ?
"3 :
SON, > MS GAM20/0688 2013 contravention to the Apprentices Act 1961, Even though PASAA trade does not exist in ND(V}, the training of applicants in PASAA trade was purely undertaken as per the directions of RDAT, Hyderabad, which was understood to be in arder to further supplement the Government paticy to support to the If industry. The certificate issued to the applicants clearly establishes the fact that the training was not specifically for Dockyard and was only conducted to meet the requirement of training to the Apprentices under the Apprentice Act, 1961. The trade of PASAA js a designated trade under Apprentice Rules, 1992, therefore, the retief sought by the applicants to consider the trade as Non- -designated and absorb them in Dockyard is without any merit. &. On the basis of the pleadings, we have noted that all the applicants were undisputedly selected after undergoing through selection process Such as written, oral and medic tests. After selection, they underwent the training for a pe ar from: 45, 04.2010 to 14.04.2011 in the Dockyard Apprentices school, Visakhapatnam in the trade of PASAA.
7. The point to be decided is as to whether the applicants are entitled for absorption in PASAA trade or any other trade in a non-designated post?
&, All the applicants have obtained Provisional National Apprenticeship certificate issued by the Deputy Officer-in- charge, for Officer-in-charge, Naval Dockyard Apprentices School, Visakhapatnam by which it was certified that the individuals were successfully completec the Apprenticeship training under the Apprentices Act 1961 at Naval Dockyard Apprentices School, Visakhpatnam from 15° April 2010 to 14"
April 2011 and passed the All India Trade Test in the trade of PASAA held in the month of May 2011.
ae.288
RSS > CAA OMOSS/26 13 &, Thereafter, applicants did make several representations to \ Respandent Na. 3 for absorption as Tradesman at apprapriate post. Consequently, the authority on the subject of request for absorption, advised the applicants to apply against the advertisement published by that Yard as and when vacancies of PASAA arises. They are further advised that they are at privilege to apply against the notification issued by the Government Organizations for filing up of PASAA vacancies, Since, their apprentice training is entitied as per NAC issued by DAS(V}, As the applicants' case has not been considered, Applicant No.1 did make an application under Right to Information Act, 2005 wherein the Assistant Public Informati ion Officer replied ( that "The Trade of 'PASAA' does nat exist in this Yard... Hence,.10 year wi ise stre neth/vacancies of the 'PASAA' trade exist."
10. The grievance made by th applicants i is that respondents, instead of absorbing the appli ieants/ex-ap prantices | in the updated administration assistance Hke LDC/Office Assistants, but have utihzed the services of unskilled persons and engaged some other skilled workers. To support the argument advanced on, behalf of the applicants, Mrs. Anita Swain has produced an extract -of Apprentice Act, 1961 which stipulates in para 22 that, "it shall not be obligatory on the part of the employer ta offer any employment ta any apprentice \ who has campleted the period of his apprenticeship training in his establishment, nor shall ft be obligatory on the part of the apprentice to accept an empieyment under the employer". It further stipulates that "Notwithstanding anything in sub- ection (1}, 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, an such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity 9 SEEN OA MVOOSS OTS for such perlod and an such remuneration as may be specified in the contract."
ii, The contention of the respondents Is that there is no obligation on the part af the respondent-authority to employ on being selected and obtained certificate as apprentice, as has been stipulated in para 2201} of the Apprentice Act, 1961. Further, we have nated from the arguments advanced by the Jearned counse! for the respondents that there is no such contract between the respondents and the applicants and they have anly asked the applicants to express their willingness or unwillingness to serve at Naval Ship Repair Yard, Karwar (Kartanaka) on campletion of the training and submit the format at the time of written examination.
12. After foregoing detailed discussions, two things emerge. Firstly, there is no.such trade of PASAA sxists. {P there is no such trade of PASAA vacancies of the PASAA trade exist as exists, and. no year wise stre vgtt replied by the authority under the RTI Act vide reply dated 11.09.2022, then why the respondent-authorities asked for willingness or unwillingness to serve at Naval Ship Repair Yard, Karwar (Kartanaka} on completion of the fraining: and submit the format at the time of written examination, Secondly, the Department vide Annexure A-IE dated 06.07.2012 advised the individual applicants fo apply against the af PASAA arises. Thus, from the above, we are not finding any appropriate reply fram the authority either from the pleadings in support of the documents or from the submissions made by the learned counse! for the respondents.
13. Further, we have noted that some expression of hope was given te the applicants by the respondents. Had it nat been sa, the mater may be : & ; _ ; _ , res : DAOLUOESEUT SS x explicitly clear to the applicants. There was clumsy situated arase in tne % x mind of the anplicants.
iad. dn the above circumstances, i would be deemed fit and appropriate to send back the matter before the Department to consider the case of the applicants in an appropriate manner.
iS. Aceardingly, we direct the respondent-authority to examine the entire matter af the applicants within a period of four months and pass 14; a "Gp OF an appropriate and effective reasoned order.
disposed of. There shall be no Parag gh & SARS GQNY LIAS 99 ag & -_ PS ONSEN . ae oN MLS LETRA