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6. The learned Counsel of the appellants submits that Recruitment Rules do not permit recruitment of Apprentices as a class. Mr. Kar, learned Counsel of the appellants submits that the direction issued by the learned Single Judge to appoint Trade Apprentices in the establishment of the Kolkata Port Trust along with the died-in-harness category candidates in the ratio of 1:1 is not only erroneous but illegal since the same is contrary to the Recruitment Rules. Referring to the written communication of the Labour Advisor of the Kolkata Port Trust dated 4"1 January, 1985, Mr. Kar submits that the promise given by the said Labour Advisor regarding recruitment of the ex-trade Apprentices after lifting of the ban and restoration of their quota, was contrary to the Recruitment Rules as the Corporation does not provide any quota for Trade Apprentices. The learned Counsel of the appellants further submits that at present the appellants herein do not require any fresh employees and the learned Single Judge erred in travelling beyond the scope of the judicial review by issuing direction to the appellants herein to absorb the Trade Apprentices like the writ petitioners herein.

Dear Sir, Subject: Recruitment of ex-Trade Apprentices.

Kindly recall the discussion held in Chairman's room on 3.1.85 on the above subject.

Ex-Trade Apprentices were being recruited along with the 'died-in-harness' candidates in the ratio of 1:1. This has now been stopped in view of the ban imposed by Government on direct recruitment. Ex-Trade Apprentices will be recruited again as and when the ban is lifted and their quota will be restored.

Yours faithfully, Sd\-

Labour Advisor & Industrial Relations Officer.

However, without admitting the contents of Annexure- R, it is submitted that the same also speaks for giving preference to the Trade Apprentices in the matter of employment over direct recruits and there does not appear to be any conflict between the contents of the said document and the procedure being followed in the Calcutta Port Trust.

13. The appellants-Kolkata Port Trust authorities, in our opinion, cannot ignore its promises regarding recruitment of ex-trade Apprentices as specifically mentioned in the written communication dated 4th January, 1985 issued by the Labour Advisor of the said Kolkata Port Trust. Furthermore, the guidelines specifically mentioned in the circular dated 21st April, 1983 issued by the Ministry of Labour & Rehabilitation, Government of India are not only applicable in the present case but also binding on the appellants herein in view of Section 111 of the Major Port Trusts Act, 1963.

15. Having heard the learned Counsel of the respective parties and considering the specific circular issued by the Government of India dated 21st April, 1983 and further considering the promise made on behalf of the appellants regarding recruitment of ex-trade Apprentices as mentioned in the written communication of the Labour Advisor dated 4lh January, 1985, we are of the opinion that the authorities of the Kolkata Port Trust cannot take a different stand now regarding the recruitment of the ex-trade Apprentices.