An employer is not obligated to offer employment to apprentices upon completion of training unless a contractual obligation exists, and the employer has discretion in setting qualification criteria.

JUDGMENT

Jagmohan Bansal, J. (Oral)

As the issue involved is common, with the consent of contesting parties, all the captioned petitions are taken up together. For the sake of brevity and convenience, facts are borrowed from CWP No.17600 of 2018.

2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking directions to the respondents to consider case of the petitioners for the appointment on regular posts in terms of judgment of Hon'ble Supreme Court in U.P. State Road Transport Corporation v. UP Parivahan Nigam Shishukhs Berozgar Sang and others, AIR 1995 SC 1115.

3. The petitioners joined respondent-National Fertilizers Limited as apprentice in terms of Apprenticeship Act 1961 (for short 1961 Act'). The petitioners from 1999 to 2001 underwent three years training. It was an intensive training. The respondent-organization on completion of training did not appoint the petitioners in any section of the respondent. The respondent-organization vide advertisement dated 18.05.2018 (Annexure P-3) invited applications for the post of Junior Engineering Assistant Grade-II for its different manufacturing units. In the advertisement, minimum eligibility criteria was prescribed. As per the prescribed criteria, an applicant was required to have either degree of B.Sc. or regular three years diploma in Engineering. The petitioners are neither holding degree of B.Sc. nor three years diploma in Engineering. On account of lack of minimum prescribed qualification, the petitioners could not apply for the advertised post.

4. Learned counsels for the petitioners submit that as per paragraph 12 of the judgment of Supreme Court in U.P. State Road Transport Corporation (supra), every employer is duty bound to give preference to trained apprentice over direct recruits. The petitioners are trained apprentices, thus, respondent-organization was duty bound to give preference to the petitioners over other candidates. The respondent-organization intentionally in the advertisement has prescribed criteria which petitioners cannot comply with. The intent of the respondent-organization was to deprive the petitioners an opportunity to participate in the selection process. The petitioners are ready to work as labour/majdoor with the respondent.

5. Per contra, learned counsel for the respondents submits that Section 22 of the 1961 Act specifically provides that it shall not be obligatory on the part of an employer to provide employment to any apprentice who has completed the period of training nor shall it be obligatory on the part of apprentice to accept any employment with the employer. The respondent-organization has relaxed age criteria for the apprentices, however, qualification cannot be compromised because it was a conscious decision of the management to have B.Sc. graduates or three years diploma holders in Engineering. The petitioners cannot impose education qualification as per their suitability upon the respondent-organization.

6. I have heard the arguments of learned counsels for the parties and perused the record with their able assistance.

7. The conceded position emerging from the record is that the petitioners completed their apprenticeship in 2001 and respondent-organization advertized post in 2018 i.e. after 17 years from the date of completion of apprenticeship by the petitioners. The petitioners are neither B.Sc. qualified nor hold three years diploma in any branch of the Engineering. The respondent-organization has granted age relaxation to the apprentices, however, no relaxation in the qualification has been granted.

8. From the additional affidavit filed by the respondent-organization, it comes out that respondent on account of change of technology and closure of its partial manufacturing unit has decided to make appointment of manual labour as less as possible. The respondent vide its recruitment policy dated 03.08.1999 has decided to make maximum appointments of B.Sc./Diploma holders. The re