Madras High Court
Chamber Of Commerce vs Union Of India on 3 August, 2018
Author: P.D.Audikesavalu
Bench: P.D.Audikesavalu
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.08.2018 CORAM : THE HONOURABLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No. 17865 of 2003 Chamber of Commerce Aditanar Industrial Training Institute Represented by T.Vellasamy Nadar Karuvadi, Thanjavur 3. ... Petitioner Vs. 1.Union of India Represented by the Secretary to Government Ministry of Labour, New Delhi. 2.The Secretary to Government Labour and Employment Department Fort St. George, Chennai. 3.The Director General of Employment and Training Sharam Mantaralaya, Rabi Marg New Delhi 110 001. 4.The Director of Employment and Training Chepauk, Chennai 600 005. 5.The Regional Joint Director of Employment and Training No.10-A, South Street, Mannarpuram Tiruchy-620 020. ...Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue the Original National Trade Certificates to all the 179 Trainees who have completed their training course from the petitioner institution and whose names have been listed in Schedule -I and Schedule -II of the Writ Petition. For Petitioner : M/s.Vedavallikumar For Respondents : Mr.J.Madanagopal Rao, CGSC (For R1 & R3) Mr.D.Venkatachalam, AGP (For R2, R4 & R5) O R D E R
The Petitioner, which is an Industrial Training Institute has filed this Writ Petition for a direction to the Respondents to issue the National Trade Certificate to its 179 Trainees, who had completed their training course from that institution and whose names have been listed in Schedule I and Schedule II of the Writ Petitions.
2.After filing of this Writ Petition, the Petitioner had filed another Writ Petition bearing W.P.(MD) No.1560 of 2004 before Madurai Bench of this Court for a direction to consider the representation dated 10.08.2004 made by the Petitioner to issue National Trade Certificate to the students who had completed ITI course in its Institute, which was disposed by order dated 23.09.2004 with a direction to the Director of Employment and Training, Chennai to forward the National Trade Certificates to such of those trainees as mentioned between S.Nos.22 and 62 therein, and also to other eligible students who are similarly placed. It is not in dispute that in furtherance to the aforesaid order, 131 out of 179 trainees from the Institution of the Petitioner have been issued the National Training Certificate and it is only in respect of remaining 48 trainees, the National Training Certificate has not been granted.
3.In the counter affidavit filed before this court on 16.11.2012 by the Joint Director (Craftsmen Training), Department of Employment and Training, Guindy, Chennai - 600 032, on behalf of the Respondent the reasons for not issuing the National Training Certificate for the remaining 48 persons has been explained as follows:-
Permanent affiliation was granted for Fitter trade with one unit (16 candidates) w.e.f. August 1993 only. But Petitioner Institute admitted the trainees in August 1992 i.e., before granting affiliation to Fitter trade. But they were allowed to sit for AITT held in July 1994 according to the provision given in the Training Manual, Appendix XIX (iii) (a) (vii), that the trainees of the Industrial Training Institutes which were affiliated to the National Council for Vocational Training (NCVT) can take up All India Trade Test under the aegis of National Council for Vocational Training. The State Director can permit the Institute to admit trainees in anticipating affiliation subject to the condition that, in case the affiliation is not accorded by the NCVT, the trainees have to be trade tested under State Council for Vocational Training (SCVT). Hence the candidates were allowed to write the examination and 4 candidates passed as detailed below:
Sl. No. Register Number Name of the Trainee Trade Period of Training Year of Passing 1 3025554 K. Annadurai Fitter Aug '92 - Jul '94 July '94 2 3025555 A. Gunaseelan Fitter Aug '92 - Jul '94 July '94 3 3025556 W. Benjamin Rajan Fitter Aug '92 - Jul '94 July '94 4 3025557 K. Dayala Rajan Fitter Aug '92 - Jul '94 July '94 The above 4 candidates were not given NTC due to non-affiliation of this trade with National Council for Vocational Training. As such, these trainees are eligible to receive SCVT certificates only. With regard to Electrician trade permanent affiliation was granted for one unit w.e.f. August 1993 and another unit from August 1994 only. But the Petitioner institute admitted the candidates in August 1992 i.e., before granting affiliation to Electrician trade and they appeared for AITT held in July 1994 and 3 candidates passed. Then 2 candidates passed in the supplementary examiantion held in January 1995 as detailed below: Sl. No. Register Number Name of the Trainee Trade Period of Training Year of Passing 1 3025573 T. Arivazhagan Electrician Aug '92 - Jul '94 July '94 2 3025574 K. Senthilkumar Electrician Aug '92 - Jul '94 July '94 3 3025576 G. Krishnadass Electrician Aug '92 - Jul '94 July '94 4 3025575 P. Babu Electrician Aug '92 - Jul '94 July '94 5 3025577 A. Baskaran Electrician Aug '92 - Jul '94 July '94 The above 5 candidates were not given NTC due to non-affiliation. And these candidates are also eligible to receive only SCVT certificates. With regard to M.M.V. trade permanent affiliation was granted for one unit (16 candidates only) with effect from August 1993 only. As per this affiliation, the petitioner institute had to admit the trainees for the session August 1993 - July 1995 and August 1995 - July 1997 i.e., alternative years only. But the Petitioner institute admitted the trainees in August 1992 - July 1994 and August 1994 - July 1996 before granting affiliation to M.M.V. trade. For the another batch of 16 trainees, affiliation is available only with effect from August 1999. Trainees admitted in August 1992 - July 1994 batch in M.M.V. trade appeared for All India Trade Test held in July 1994 and 8 candidates passed. And the failed candidates appeared in the subsequent supplementary exams and 4 candidates passed as detailed below. (Total 8+4=12) Sl. No. Register Number Name of the Trainee Trade Period of Training Year of Passing 1 3025558 M. Sivakumar MMV Aug '92 - Jul '94 July '94 2 3025559 V. Baskaran MMV Aug '92 - Jul '94 July '94 3 3025562 N. Sivakumar MMV Aug '92 - Jul '94 July '94 4 3025565 N. Rajmohan MMV Aug '92 - Jul '94 July '94 5 3025568 S. Venkateswaramoorthi MMV Aug '92 - Jul '94 July '94 6 3025569 V. Esuraman MMV Aug '92 - Jul '94 July '94 7 3025570 M. Senthilkumar MMV Aug '92 - Jul '94 July '94 8 3025571 P. Sivakumar MMV Aug '92 - Jul '94 July '94 9 3025560 T. Ramesh MMV Aug '92 - Jul '94 July '94 10 3025561 P. Senthilkumar MMV Aug '92 - Jul '94 July '94 11 3025563 S.R. Sivakumar MMV Aug '92 - Jul '94 July '94 12 3025566 S. Sivasankar MMV Aug '92 - Jul '94 July '94 These 12 candidates were not given NTC as no affiliation of this trade with NCVT was available. In 1993, only one batch (16 trainees) was given affiliation by NCVT. But the Institute admitted 22 candidates. Hence in August 1993 - July 1995 batch excess 6 trainees who appeared in AITT held in July 1995 and passed were not given NTC. While permanent affiliation was granted for one unit, the institute can admit 16 trainees only. But the Petitioner Institute admitted 22 trainees, i.e., more than 16 trainees. Hence the following 6 candidates were not given NTC. Sl. No. Register Number Name of the Trainee Trade Period of Training Year of Passing 1 3032992 G. Kalaiselvan MMV Aug '93 - Jul '95 July '95 2 3032995 G. Harinath MMV Aug '93 - Jul '95 July '95 3 3032996 M. Ravikumar MMV Aug '93 - Jul '95 July '95 4 3032997 J. Mohamed Gavaskar MMV Aug '93 - Jul '95 July '95 5 3032998 M. Muthusamy MMV Aug '93 - Jul '95 July '95 6 3033012 P. Antony Charles Raj MMV Aug '93 - Jul '95 July '95 Another batch of trainees admitted in this Institute and trained during the period August 1994 - July 1996, appeared for All India Trade Test held in July 1996 and 6 candidates passed. And the failed candidates appeared in the subsequent supplementary exams and passed as detailed below: Sl. No. Register Number Name of the Trainee Trade Period of Training Year of Passing 1 3043201 A. Shikander Batcha MMV Aug '94 - Jul '96 July 1996 2 3043204 R. Nadimuthu MMV Aug '94 - Jul '96 July 1996 3 3043208 K. Murugesan MMV Aug '94 - Jul '96 July 1996 4 3043221 S. Subramanian MMV Aug '94 - Jul '96 July 1996 5 3043215 S. Vasanthakumar MMV Aug '94 - Jul '96 July 1996 6 3043220 M. Ganeshkumar MMV Aug '94 - Jul '96 July 1996 7 3043200 M. Subramanian MMV Aug '94 - Jul '96 Feb '97 8 3043212 P.A.S. Rahamath Ali MMV Aug '94 - Jul '96 Feb '97 9 3043213 N. Sathish MMV Aug '94 - Jul '96 Feb '97 10 3043216 A. Shanmuganandham MMV Aug '94 - Jul '96 Feb '97 11 3281733 B. Purushothaman MMV Aug '94 - Jul '96 Feb '97 12 3281734 A. Johnamal Raj MMV Aug '94 - Jul '96 Feb '97 13 3281736 M. Elanchezhian MMV Aug '94 - Jul '96 Feb '97 14 3281742 S. Mathiyalagan MMV Aug '94 - Jul '96 Feb '97 15 3281710 S. Veerapandian MMV Aug '94 - Jul '96 Feb '97 16 3281712 S. Arulselvan MMV Aug '94 - Jul '96 Feb '97 17 3281714 M. Raguraman MMV Aug '94 - Jul '96 Feb '97 18 3281715 R. Jayasankar MMV Aug '94 - Jul '96 Feb '97 19 3281702 M. Sivakumar MMV Aug '94 - Jul '96 Feb '97 20 3281703 L. Sudaraman MMV Aug '94 - Jul '96 Feb '97 21 3281704 A. Chandrasekaran MMV Aug '94 - Jul '96 Feb '97 The above 21 candidates were also not given with National Trade Certificates as NCVT affiliation was not available. As per Rules enumerated in the Training Manual, Appendix XIX (iii) (a) (vii) and it is oriented as follows: "The state Director may seek permanent affiliation by forwarding the inspection report to the Secretary, National Council for Vocational Training (N.C.V.T.), New Delhi. The State Director need not wait for any instruction in the matter from the Secretary, National Council for Vocational Training (N.C.V.T.). He may grant permission to the management of the Institute to admit the trainees to the trades/ units which have been recommended for permanent affiliation by the Standing Committee. It should however, be made clear "in case permanent affiliation is not granted, final Trade Test and certification would be the responsibility of the respective S.C.V.T." As per the above provision contained in the Training Manual, those 48 candidates who were admitted in the unaffiliated trades were allowed to write the examination and they are eligible for S.C.V.T. certificate only.
4.Neither the learned counsel for the Petitioner is in a position to rebut the factual correctness of the reasons stated by the Respondents for not issuing National Training Certificate to the aforesaid 48 persons nor any steps have been taken to implead those persons in this Writ Petition despite time granted for that purpose during the earlier hearing on 04.05.2017.
5.Hence, this Court arrives at the conclusion that the reasons stated by the Respondent for not issuing National Training Certificate to the aforesaid 48 persons has been justified.
6.Recording the same, the Writ Petition is disposed of. No costs.
03.08.2018 maya Index :Yes/No Internet:Yes /No Speaking /Non-speaking order To
1.Union of India Represented by the Secretary to Government Ministry of Labour, New Delhi.
2.The Secretary to Government Labour and Employment Department Fort St. George, Chennai.
3.The Director General of Employment and Training Sharam Mantaralaya, Rabi Marg New Delhi 110 001.
4.The Director of Employment and Training Chepauk, Chennai 600 005.
5.The Regional Joint Director of Employment and Training No.10-A, South Street, Mannarpuram Tiruchy-620 020.
P.D.AUDIKESAVALU, J.
maya W.P.No. 17865 of 2003 Dated : 03.08.2018