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JAGMOHAN BANSAL
Kamaljit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jagmohan Bansal, J. (Oral)
By this common order CWP-22409-2023, CWP-22585- 2023, CWP-22604-2023 and CWP-22608-2023 are disposed of since issue involved in all the petitions and prayer sought are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-22409-2023.
2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to appoint the petitioner at the appropriate post.
3. The petitioner during 2009-2010 was appointed an apprentice by respondent. The petitioner completed apprenticeship training which was of 1 year. The respondent did not appoint the petitioner as regular or contractual employee. The petitioner remained silent till October' 2020. On 26.10.2020, the petitioner sent a representation to the respondents to consider his case for the appointment at an appropriate post.
4. Learned counsel for the petitioner submits that petitioner had undergone apprenticeship training with respondent, thus, petitioner is a trained employee and respondent should consider case of the petitioner for the appointment.
5. Learned counsel for the respondents submits that petiti
The court ruled that employers are not obligated to offer employment to apprentices post-training, especially when significant delay in seeking relief is present.
Unexplained delay coupled with the creation of third party rights is an important factor in deciding whether or not to exercise writ jurisdiction.
Unexplained delays in filing writ petitions can lead to dismissal, emphasizing the need for timely legal action in employment disputes.
Delay and laches affect the right to relief in writ petitions; excessive delay can preclude the court from exercising discretion favorably.
Point of Law : Doctrine of delay and laches should not be lightly brushed aside. A writ court is required to weigh the explanation offered and the acceptability of the same. The court should bear in ....
Delay and laches bar the petitioner's claim for reinstatement after a 21-year delay.
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