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Rajasthan High Court - Jaipur

Gyan Chand Aloria And Ors vs State Of Raj And Ors on 26 May, 2017

 HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
                      JAIPUR
              S.B. Civil Writ Petition No. 14420 / 2016
1. Gyan Chand Aloria S/o Sh. Mohan Lal Aloria, Aged About 22
Years, 05 Madhu Colony, Luniyawas, Goner Road, Jaipur

2. Divyanshu Gaurav Parashara S/o Sh. Gajadhar Parashar, 173 A
Shyam Marg Near Railway Puliya, Om Shiv Colony, Jhotwara,
Jaipur

3. Faisal Rahman S/o Sh. Hifzur Rahman, 103, Ishlampura Nehur
Road, Gangapurcity Distt. Sawaimadhopur

4. Mohammed Umar S/o Sh. Mohammed Galib, Mohalla Padam Mil
Ke Pass, Gangapur Nagar, Gangapur, Sawai Madhopur

5. Mahaveer Rawal S/o Sh. Badri Lal, by Caste Rawal, 24, Rang
Vihar Colony, Ward No. 4 Tehsil-ladpura Distt. Kota

6. Irshad S/o Sh. Abdul Gaffar, Aged About 26 Years, 194, Sarkari
Handpump Wali Sadak, Ward No. 44, Kota Junction, Kota (raj.)

7. Rizwan Ahmed S/o Sh. Saleem Ahmed Nagori, Aged About 23
Years, Village Tijaria Via Itawa Tehsil Chomu Distt. Jaipur

8. Ashish Singh S/o Sh. Brij Narayan Singh, 27-A, Mahaveer
Nagar, Dadabari, Kota

9. Makbool Khan S/o Sh. Yakub Khan,, Aged About 23 Years,
Village Tigaria Via Itawa Tehsil Chomu District Jaipur
                                                       ----Petitioners
                                 Versus
1. State of Rajasthan Through the Principal Secretary, Energy
Department, Government Secretariat, Jaipur

2. Rajasthan Rajya Vidyut Utpadan Nigam Limited Through Its
Managing Director, Vidyut Bhawan, Jaipur (raj.)

3. The Secretary (admn.), Rajasthan Rajya Vidyut Utpadan Nigam
Limited, Vidyut Bhawan, Jaipur (raj.)

4. The Deputy Director (personnel), Rajasthan Rajya Vidyut
Utpadan Nigam Limited, Vidyut Bhawan, Jaipur (raj.)
                                                     ----Respondents

_____________________________________________________ For Petitioner(s) : Mr. Sajid Ali For Respondent(s) : Mr. Virendra Lodha, Sr. Adv. with Mr. Jai Lodha _____________________________________________________ (2 of 3) [CW-14420/2016] HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 26/05/2017 Present petition has been filed under Article 226 of the constitution of India praying that the respondents be directed to formulate a policy for recruitment of apprentices who have completed their apprenticeship training in the establishment of the respondents.

Shri Virendra Lodha, learned Senior Counsel appearing for the respondents, has very fairly submitted that till today, no policy within the meaning of Section 22(1) of the Apprentices Act, 1961 as amended by Act No.29 of 2014, has been formulated by the respondents. Shri Lodha has assured this court that the policy within the amended provisions of Apprentices Act, 1961 shall be formulated by the respondents within a period of three months from today. Shri Lodha has further assured that the said policy shall be uploaded on the official website of the respondents.

Shri Sajid Ali, learned counsel for the petitioner, has submitted that the present petition be disposed of in terms of statement made by Shri Virendra Lodha, learned senior counsel, with liberty to the petitioner to prosecute the respondents if the provisions of the Act of 1961 so permit for the offences enumerated in Sections 30 to 32 of the Act.

As prayed by Shri Virendra Lodha, present petition is disposed of in terms of assurance given by Shri Lodha with a direction that the respondents shall formulate a policy for (3 of 3) [CW-14420/2016] recruitment of apprentices within the meaning of Section 22(1) of the Apprentices Act, 1961, within a period of three months from today. In view of assurance given by Shri Lodha it is ordered that all fresh recruitment to be made by the respondents shall abide by the apprentice policy to be formulated by the respondents.

(KANWALJIT SINGH AHLUWALIA)J. Govind/