Section 22 of the Apprentices Act does not obligate employment post-apprenticeship, but age relaxations for candidates may be justified based on apprenticeship duration.

JUDGMENT AND ORDER (ORAL)

DEVASHIS BARUAH, J.

Heard Mr. U. Dutta, the learned counsel appearing on behalf of the petitioner.

2. The petitioner herein has approached this Court seeking appropriate directions upon the respondents thereby to provide benefits to Apprentices under the APPRENTICES ACT , 1961, and more particularly, taking into account the observations of the Supreme Court in the case of U.P. State Road Transport Corporation and Another vs. U.P. Parivahan Nigam Shishukhs Berozgar Sangh and Others , reported in AIR 1995 SC 1115 and further the petitioner has also sought for a direction upon the respondents to grant age relaxation to the petitioner by excluding the period of Apprenticeship training from the age computation and to permit the petitioner to apply and participate in the recruitment process for the post of Junior Engineering Assistant, Grade IV (P&U).

3. The brief facts of the instant case as it appears from the materials on record is that the petitioner herein, pursuant to a notification for engagement of apprentice dated 24.09.2022 was engaged as Trade/Technician Apprentice at IOCL, Guwahati Refinery for a period of 24 months w.e.f. 01.02.2023 to 31.01.2025. Pursuant to the petitioner completing his engagement as Apprentice in the designated trade Boiler Attendant, a certificate was also issued by the Director General of Training of the Ministry of Skill Development and Entrepreneurship on 11.06.2025. In the process of carrying out his work, the petitioner had also crossed the age of 26 years.

4. On 20.12.2025, the Respondent Corporation issued an advertisement calling for applications from eligible candidates for filling up various posts. Amongst the various posts, the petitioner herein is interested in applying to the post of Junior Engineering Assistant-IV (P&U).

5. Clause E of the said advertisement stipulated the minimum and maximum age limit. In terms of clause E(1), the minimum age limit is 18 years and the maximum age limit would be 26 years for unreserved category as on 31.12.2025.

6. It is the case of the petitioner that taking into account the scope and ambit of the APPRENTICES ACT , 1961 and the judgment of the Supreme Court in the case of U.P. State Road Transport Corporation and Another (supra), the Respondent Authorities ought to have also granted certain relaxation in respect of those candidates who have completed training under the APPRENTICES ACT , 1961. The same having not done, the petitioner has approached this Court by filing the present writ petition.

7. Mr. U. Dutta, the learned counsel appearing on behalf of the petitioner, drew the attention of this Court to the judgment of the Supreme Court in the case of U.P. State Road Transport Corporation and Another (supra) and submitted that the Supreme Court dealt with the object behind the APPRENTICES ACT , 1961 and the Rules framed thereunder and further observed that certain relaxations are required to be given inspite of the mandate of Section 22 of the APPRENTICES ACT , 1961. In that regard, he referred to paragraphs Nos.3, 4, 5, 6, 7, 11 & 12 of the said judgment.

8. This Court has heard the learned counsel appearing on behalf of the petitioner and perused the materials on record including the advertisement dated 20.12.2022. From the materials on record, it is seen that the Respondent Corporation had engaged the petitioner as Apprentice for a period of 24 months w.e.f. 01.02.2023 to 31.01.2025. In the engagement letter dated 19.01.2023, it is categorically mentioned at Clause 13 that the Respondent Co