Rajasthan High Court - Jaipur
Rati Ram Yadav vs State (Industrial Trainig )Ors on 8 March, 2017
Author: Alok Sharma
Bench: Alok Sharma
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
ORDER
S.B CIVIL WRIT PETITION NO.9899/2012
Rati Ram Yadav S/o Shri Jagdish Prasad Yadav, Resident of village Kansli,
Tehsil Kotputli District Jaipur.
...Petitioner
Versus
1. State of Rajasthan through Assistant Apprenticeship Advisor and Principal
Industrial Training Institute, Banipark, Jaipur (Raj.)
2. The Executive Engineer, JVVNL, Jaipur District Circle Jyoti Nagar, Janpath,
Jaipur (Raj.)
3. Assistant Engineer (O&M) JVVNL Kotputli, District Jaipur (Raj.)
...Respondents
Date of Order: March 08, 2017.
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Gaurav Gupta, for the petitioner.
Mr. Manu Bhargava, GC for the State.
Mr. Indresh Sharma, for respondents.
BY THE COURT:
The petitioner was selected as an apprentice for training as a Technical Helper vide order dated 15-2-2011 issued by the Executive Engineer, JVVNL Jaipur District Circle Jaipur (JVVNL). In compliance he joined on 17-2-2011 and states to have successfully completed the training on 16-2-2012.
It has been submitted that after completion of the training the Assistant Engineer, JVVNL Kotputli District Jaipur vide letter dated 2 23-3-2012 addressed to Principal Industrial Training Institute Banipark Jaipur required registration of the apprenticeship contract entered into between the petitioner and JVVNL. Reminder in regard thereto was also sent on 3-4-2012. But to no avail apparently for the reason that the apprenticeship contract was not sent for registration by JVVNL within three months of its signing. Hence this petition.
The petitioner prays that the respondent Principal Industrial Training Institute be directed to register the petitioner's Apprenticeship contract whereunder he has worked as an Apprentice Technical Helper with the JVVNL between 17-2-2011 and 16-2-2012. It has been submitted that the period of three months for registration of an apprenticeship contract under Rule 6 of the Apprenticeship Rules, 1992 (hereinafter `the Rules of 1992') is merely directory and JVVNL's delay in sending it for registration does not entail any prohibition on its registration. Mr. Gaurav Gupta submitted that in any event the petitioner cannot be prejudiced by JVVNL's delay. He submitted that in any event a contract of apprenticeship is entered under Section 4(4) of the Apprentices Act, 1961 (hereinafter `the Act of 1961') which has been held to be directory by the Apex Court in the case of UP State Electricity Board Vs. Shiv Mohan Singh [(2004)8 SCC 402] even though the word "shall" has been used in Section 4(4) of the Act of 1961. Counsel submitted that the interpretation of Section 4(4) of the Act of 1961 3 having been held to be directory by the Apex Court, it is inconceivable that Rule 6 of the Apprenticeship Rules, 1992, which relates thereto can be held to be mandatory although it provides that every employer shall send to the Apprenticeship Adviser the contract of apprenticeship for registration within three months of the date on which it was signed.
Mr. Manu Bharagava, Government Counsel appearing for the State has not cited any judgment contrary to the judgment in the case of UPSEB Vs. Shiv Mohan Singh (supra) holding that Section 4(4) of the Act of 1961 is directory and not mandatory. Nor was he able to satisfy this court as to why the petitioner should suffer non- registration of his apprenticeship contract with JVVNL for delay at its instance in sending it to the Apprentice Adviser for registration within three months.
Heard. Considered.
I am of the considered view that for reasons Section 4(4) of the Act of 1961 has been held by the Apex Court in the case of UPSEB Vs. Shiv Mohan Singh (supra) to be directory, Rule 6 of the Rules of 1992 related thereto has to be similarly held to be directory.
Consequently, albeit the apprenticeship contract of the petitioner with the JVVNL was not sent for registration within three 4 months of its being signed and sent belatedly, the Principal Industrial Training Institute Jaipur is directed to register the petitioner's apprentice ship contract with the JVVNL, as referred to above. The exercise be completed within a period of four weeks from the date of presentation of a certified copy of this order.
The petition stands disposed of accordingly.
(Alok Sharma), J.
arn/ 5 All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.