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12. First in the series is a circular bearing no. D.O. DECT-1-83/AP dated April 21, 1983 issued by the Ministry of Labour and Rehabilitation (Department of Labour), Government of India. By this circular all the ministries were urged to endeavour to ensure that 50% of the total semi- skilled and skilled categories of jobs in the establishment under them should be filled by direct recruitment. Further, that 50% of the vacancies available for direct recruitment should be filled by trained apprentices and first preference be given to apprentices completing the training course under that establishment. Para.2.2 of the circular read as follows:

"50% of the direct recruitment vacancies may be filled by trained apprentices first preference being given to the apprentices trained by the said establishment and thereafter to those trained by other establishment."

13. Next is a letter of January 4, 1985 from the Labour Adviser & Industrial Relations Officer of the Port Trust to the Joint General Secretary of the Calcutta Port Shramik Union. The letter is on the subject of recruitment of the ex-trade apprentices and refers to some discussion held in that regard. As this letter is the mainstay of the High Court judgments it is reproduced below in full.

(3) If age bar would come in the way of the trainee, the same would be relaxed in accordance with what is stated in this regard, if any, in the service rule concerned. If the service rule be silent on this aspect, relaxation to the extent of the period for which the apprentice had undergone training would be given.

(4) The training institute concerned would maintain a list of the persons trained year-wise. The persons trained earlier would be treated as senior to the persons trained later. In between the trained apprentices, preference shall be given to those who are senior."

(a) fill up the seats located by engaging apprentices under the Apprenticeship Act for utilization of existing training facilities to the fullest extent;

(b) improve the quality of training by closer monitoring of the scheme at the scheme at the shop floor level; and

(c) ensure that preference is given to passed out apprentices for recruitment in regular jobs matching their skills and qualifications.

(emphasis added) The Solicitor General submitted that the policy of the Government of India is to give preference to the passed out apprentices for recruitment in regular jobs matching their skills and qualification.