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1 - 7 of 7 (0.89 seconds)Section 22 in The Apprentices Act, 1961 [Entire Act]
Section 12 in The Industrial Disputes Act, 1947 [Entire Act]
Section 8 in The Apprentices Act, 1961 [Entire Act]
State Of Orissa & Anr vs Mamata Mohanty on 9 February, 2011
23.In the light of the terms of the contract read with Section 22(2) of the
Apprentices Act and in view of the dictum laid by the Honourable Supreme Court
in Vishweswara Rao .vs. The Union of India reported in 1996(6)SCC 216 and in
the State of Orissa .vs. Mamata Mohanty reported in 2011(3) SCC 436, We hold
that the learned Single Judge after careful analysis of the law and the facts, had
rightly concluded that, the relief claimed by the Writ Petitioners are not
sustainable. The grounds of appeals does not carry any merit to interfere with the
order of the learned Single Judge passed in the common order, dated 04.08.2014.
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A. Visweswara Rao vs United India Insurance Co. Ltd. on 29 October, 2003
13.Per contra, the learned Standing Counsel for the Management of BHEl
submitted that the old recruitment policy in Rule 4.2 and 4.4 provided induction
of trained apprentices in A-III SA-I Grade by absorbtion to artison trainees and
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supervisory trainees on satisfactory completiton of their apprentices, who have
been trained under the Apprentices Act, 1961. The Management of BHEL has
been scrupuluously following the Rule till ban on recruitment to the regular
vacancy imposed in the year 1985 and continued till 2005. By that time, the
Honourable Supreme Court in the case of Viswesvara Rao .vs. The Union of
India reported in 1996(6)SCC 216 came down heavily on the back door
recruitment without following the due process of law and mandated that in case
of employment in public sector, all eligible citizens should be given equal
opportunity by giving wide publications through newspapers, besides, calling for
list from the Employment Exchange. Following the spirit of the Honourable
Supreme Court that there can no more be in house recruitment without wide
publication and in view of the Office Memorandum by the Government of India,
dated 24.11.1998 issued in tune with the direction of the Honourable Supreme
Court in Viswesvara Rao’s case cited supra, the respondents/Management of
BHEL ameneded its Recriutment Policy and started recruitment through vide
paper publication in addition to inviting eligible candidates from Employment
Exchange.
R. Vithaleswara Rao vs Union Of India, on 12 October, 2022
23.In the light of the terms of the contract read with Section 22(2) of the
Apprentices Act and in view of the dictum laid by the Honourable Supreme Court
in Vishweswara Rao .vs. The Union of India reported in 1996(6)SCC 216 and in
the State of Orissa .vs. Mamata Mohanty reported in 2011(3) SCC 436, We hold
that the learned Single Judge after careful analysis of the law and the facts, had
rightly concluded that, the relief claimed by the Writ Petitioners are not
sustainable. The grounds of appeals does not carry any merit to interfere with the
order of the learned Single Judge passed in the common order, dated 04.08.2014.
18/20
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/04/2025 04:05:22 pm )
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