The court affirmed that an apprentice trainee is not entitled to the same protections as an employee, allowing termination for misconduct without a disciplinary proceeding.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. G. Alam, learned counsel, appearing on behalf of the petitioner. Also heard Mr. G. N. Sahewalla, learned senior counsel, assisted by Ms. Garima Dugar, learned counsel, appearing on behalf of all the respondents.

2. The petitioner by way of instituting the present proceeding, has presented a challenge to an order, dated 21.03.2015, issued by the respondent No. 5, releasing the petitioner from his apprentice training from the Assam State Transport Corporation(ASTC).

3. The brief facts requisite to be noticed for the purpose of adjudication of the issues arising in the present proceeding, is noted as under:

The petitioner on completion of his certificate course in Mechanic Motor Vehicle trade from Industrial Training Institute(ITI), Jorhat, was engaged as an Apprentice (Trainee) for a period of 1(one) year by the Assam State Transport Corporation(ASTC) authorities vide order, dated 03.08.2013. On completion of the said period of training; the petitioner was allowed to undergo further training for a period of 1(one) year w.e.f. 06.07. 2014, with the Assam State Transport Corporation (ASTC), at its establishment in Golaghat.

It is the contention of the petitioner that while he was continuing as a Traninee, he was also engaged as a Conductor in an Assam State Transport Corporation(ASTC) Bus. The petitioner has projected that he was engaged as a Conductor in an ASTC Bus bearing Registration No. AS-20/0949 for a trip carried out by the said bus from Barting Nowkalia in Golaghat to Pursuram Kunda and back under the Dharmajyoti Scheme. The said trip was stated to have started in the evening of 10.03.2015, with the petitioner as its Conductor. The said Bus had met with an accident on its return trip from Pursuram Kunda on 12.03.2015, resulting in injuries to the Driver of the said Bus and 11 other passengers.

In pursuance of the inquiry conducted in the matter and it having come on record that the petitioner, herein, had unauthroizedly driven the said Bus on its return trip from Pursuram Kunda which had resulted in an accident occasioning; the respondent No. 5 vide order, dated 21.03.2015, proceeded to release the petitioner from his training in the Assam State Transport Corporation(ASTC) on account of his such unauthorized act which had resulted in causing heavy damage to the Bus and also causing injuries to the 12 passengers including the Driver.

The petitioner had vide his representation, dated 22.07.2015, approached the respondent authorities praying for withdrawal of the said order, dated 21.03.2015, and for permitting him to continue with his training in Assam State Transport Corporation(ASTC). However, the same having not been considered; the petitioner has instituted this present proceeding.

4. Mr. Alam, learned counsel for the petitioner, has submitted that the petitioner having been engaged in the said Bus as a Conductor only, it cannot be stated that the petitioner had driven the said Bus and accordingly, he could not have been held to be responsible for the accident occasioning to the said Bus. The learned counsel has further submitted that the respondent authorities had passed the order, dated 21.03.2015, without affording any opportunity to the petitioner to place his case in the matter and accordingly, the said order having been so issued unilaterally by the respondent No. 5 in the matter; the same was so issued in clear violation of the principles of natural justice and administrative fair play.

5. Mr. Alam, learned counsel, has also submitted that the petitioner having been engaged as a Conductor in the said Bus, it has to be deemed that the petitioner is not an Apprentice Trainee with the Assam State Transport Corporation(ASTC) but is an employee of the Corporation and accordingly, in the event, any misconduct was committed by the petitioner in the matter; a Disciplinary Proceeding was required to be so initiated against him basing on the disciplinary code of the Assam State Transpor