The main legal point established in the judgment is that trainees should be treated as workmen from the date of completion of their training, and the compliance of Section 25(F) of the Industrial Disputes Act is necessary.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records from the 1st respondent, quash the Common Award passed by the 1st respondent Labour Court in I.D. Nos.22 to 30 of 2013 dated 26.2.2014 in so far as I.D. No.22 of 2013 concerning the petitioner and consequently direct the 2nd respondent to reinstate the petitioner with full back wages continuity of service and all other attendant benefits with costs.)

Common Order

1. These batch of Writ Petitions raised an interesting question. The petitioners before me are the workmen and the 2nd respondent is the management. The petitioners were appointed by the management as Trainees on 28.04.2010 for a period of one year. The order of appointment is a standard feature. The relevant portions are extracted below:

APPOINTMENT AS TRAINEE

With reference to your application and the interview you had with us, we have pleasure in offering you an appointment as a TRAINEE in our factory at Nellikuppam with effect from May 3, 2010 subject to the following terms and conditions:

1. Your training will be initially for a period of One Year during which you will be paid a Stipend of Rs.2,800/-(Rupees Two Thousand Eight Hundred only) per month.

a) In addition to the stipend as above, you will be paid a Conveyance Allowance of Rs.100/- (Rupees One Hundred only) per month and an Attendance Bonus of Rs.100/- (Rupees One Hundred only) per month. The Attendance Bonus will be payable only if you attend to training for a minimum number of 24 days in the month. In case you do not attend the training for a minimum of 24 days, no Attendance Bonus will be payable.

2. During this period of training, your performance including attendance would be carefully reviewed. On completion of one year training, your training is liable to be extended for further period(s) at the sole discretion of the Management without assigning any reason whatsoever on the terms and conditions as deemed fit by the Company. On completion of stipulated period of training, you will automatically stand relieved from Training unless advised in writing to the contrary.

4. The Company has the right to terminate your training at any time before completion of your training period without assigning any reason whatsoever. 5.The Company is in no way liable or expected to offer you any employment in our factory at the expiry of training period. However, at its discretion, the Company may consider offering you employment after your training period, should you display the required aptitude and ability and if there is vacancy.

6. You will not be considered as an employee/workman of the Company during the period of training.

8. Your training is subject to termination by 15 days notice on either side or payment in lieu thereof, except in the event of indiscipline or gross negligence on your part, in which case your appointment will be subject to immediate termination without payment in lieu of notice.

10. You will be subject to such rules and regulations made by the Company at present or has been introduced or amended or extended from time to time as applicable to trainees of your category.

11. This appointment is subject to your medical fitness as assessed by the Medical Officer authorised by the Company and you will be permitted to join duties on appointment only after the Company receives the report on your Medical Fitness and you have been advised accordingly.

14. During the period of training, you will not be permitted to hold any office of profit.

15. Your progress, aptitude and skill and other relevant factors shall be assessed at the end of the year or at the end of such periods as may be necessary and unless you show consistent progress and satisfaction, your training will be terminated