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Showing contexts for: apprentice preference in K.Soundararajan vs The Chairman on 18 November, 2016Matching Fragments
24 1.The claim of the respondents is that in terms of BP 242 dated 26.06.1984, the trained apprentices enjoy a preference in the matter of employment with the appellant Board under whom they underwent the apprenticeship training and such training was given to them under the provisions of the Apprenticeship Act 1956. '
2.Since the Appellant Board acted in contravention to the terms of the Board proceedings, several such similarly placed persons as that of the respondent/writ petitioners therein approached this Court by filing writ petitions challenging BPMs (FB) No.60 dated 13.09.1988 in and by which, the appellant Board decided to discontinue the procedure of giving preference to candidates who have completed the Apprenticeship Training in the Board. This Court allowed the Writ Petition in W.P.No.11807 of 1988, by an order dated 15.11.1988 reported in 1989 (1) L.L.L.Page 105 [DHARMARAJA Vs. TAMIL NADU ELECTRICITY BOARD & ANOTHER.]
6. In fact, the assurance given in B.P.Ms.(CH) No.242 was later withdrawn in B.P.(FB)No.69, Secretariat Branch, dated 13.09.1988. Therefore, the apprentices, who were trained after 13.09.1988, are not entitled to preference in employment in the respondent-Board. Therefore, the crucial date was 13.09.1988, and the apprentices who were trained by the respondent-Board before the crucial date, are entitled to preference in employment, as per B.P.Ms.(Ch)O No.242 referred to above.
7.When the Board refused to give preference in employment to appretices trained before 13.09.1988, as per the promise made in B.P.Ms.(Ch)No.242, the apprentices, who were similarly situated as petitioners, filed series of writ petitions in various batches claiming employment. One such writ petition was disposed as early as on 01.09.1992 in W.P.No.590 of 1992 (M.VASU AND OTHERS .Vs. THE TAMIL NADU ELECTRICITY BOARD REP. BY ITS CHARMAN, ANNA SALAI, MADRAS -2 AND ANOTHER) and this Court directed the respondent-Board to give preference in employment to the apprentices, who were trained before 13.09.1988. Based on the order of this Court, those persons were given employment by the respondent-Board. The petitioner and 8 others filed writ petition in W.P.No.19743 of 1994 and this Court directed the respondents to give preference in employment following the earlier order dated 01.09.1992 in W.P.No.590 of 1992. In fact, this Court considered the B.P.Ms.(Ch) No.242 and Section 22 of the Apprentices Act on 15.11.1988 in W.P.No.11807 of 1998 reported in 1989 (1) LLN 105 (DHARMARAJA AND OTHERS .Vs. TAMIL NADU ELECTRICITY BOARD (BY ITS CHAIRMAN) AND ANOTHER) in a well considered judgment and directed the respondent-Board to give preference in employment to apprentices trained before 13.09.1988 as per B.P.Ms.(Ch) No.242.