B.Rajaselvam, v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.NO.15133 OF 2016 1.B.Rajaselvam 2.S.Sathiya Prabu 3.C.Durairajan 4.S.Sathishkumar 5.N.Sabari Rajan .. Petitioners
Versus
1.The Director Labour Apprentice & Training Center 4th Cross Road, C I T Campus, Tharamani, Chennai - 600 113.
2.The Managing Director Tamilnadu State Transport Corporation Salem (Limit) Ramakrishna Road, Salem - 7.
Salem District.
..
Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to furnish the apprenticeship certificate and to pay the arrears of stipend to the petitioners by considering the petitioners' representation dated 12.04.2016.
For Petitioners :
Mr.M.Elango For Respondent-1 :
Mr.R.M.Muthukumar Government Advocate For Respondent-2 :
Mr.P.Paramasivadoss
O R D E R
Heard Mr.M.Elango, learned counsel for the petitioners, Mr.R.M.Muthukumar, learned Government Advocate for
the first respondent and Mr.P.Paramasivadoss, learned counsel for the second respondent.
2.With the consent of learned counsel appearing on either side, this writ petition is taken up for final disposal, at the admission stage itself.
3.The petitioners, who are five in number, were engaged as Graduate Apprentice under the Apprentices (Amendment) Act, 1973, by proceedings of the first respondent dated 24.09.2014 and they were admitted for tranining on 14.10.2014 F.N. and posted at Tharamangalam, Sankari, Attur, Mettur and Johnsonpet-1. Further, each of them were allotted a staff number and they were directed to report for traning before the concerned officer by an order dated 13.10.2014. The petitioners would state that they have joined the apprenticeship training and reported before the concerned officer in the Depot and they have successfully completed the training on 02.10.2015 A.N. and this has been certified by proceedings dated 30.09.2015. 4.
The petitioners approached the respondents with twin grievance namely, they have not been paid stipend for Graduate Apprentice, as per the directions issued by the Government of India, Ministry of Human Resource and Development, New Delhi and the respondents have not granted even the certificate. With regard to the stipend, the petitioners rely upon the notification issued by the Central Government dated 03.02.2015, which stipultes the rates of stipend for different types of apprentices, who are covered under the Apprentices Act, 1961. 5.In this regard, the petitioners made representation dated 12.04.2016 to the respondents and since the representation given to the first respondent has not been considered till date, the petitioners are before this Court.
6.The learned counsel for the petitioners submitted that the petitioners' representation dated 12.04.2016 may be considered and appropriate orders may be passed. 7.In the light of the above, there will be a direction to the first respondent to consider the petitioners' representation dated 12.04.2016, verify the necessary particulars from the second respondent and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
8.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar TK To 1.The Director Labour Apprentice & Training Center 4th Cross Road, C I T Campus, Tharamani, Chennai - 600 113.
2.The Managing Director Tamilnadu State Transport Corporation Salem (Limit) Ramakrishna Road, Salem - 7.
Salem District.
1 cc to Mr.M.Elango, Advocate, sr.26062 W.P.NO.15133 OF 2016 rsy co kra 27.05.2016