MOHAMMAD ZAHEER USTA Vs. SECRETARY

JUDGEMENT

(1.) IN this second appeal filed under Section 100, C.P.C., the appellant is challenging the judgment and decree dated 27.11.2007 passed by Addl. District Judge No. 2, Bikaner in Appeal No. 123/2005, whereby, the learned lower appellate Court while dismissing the appeal filed by the appellant -plaintiff affirmed the judgment and decree dated 22.11.2005 passed by the Civil Judge (Jr. Dn.) and Judl. Magistrate, Bikaner in Civil Original Suit No. 236/2002.

(2.) BRIEF facts of the case are that after passing the Senior Secondary Examination (Vocational) in Electrical Branch from the Board of Secondary Education, Ajmer in the year 1997, the appellant -plaintiff was selected by the Board of Apprenticeship Training, North Region which is sponsored by the Ministry of Human Resources, Government of India and the appellant was placed for apprenticeship training under the Zonal Chief Engineer, Rajasthan State Electricity Board. The appellant successfully completed the apprenticeship training on 09.09.1999 and a proficiency certificate was issued in his favour on 09.08.1999 by the Executive Engineer, R.S.E.B. As per the contention of the appellant -plaintiff, the training of apprenticeship is managed by the National Council and Regional Board of Apprenticeship. The National Council is awarding National Apprenticeship certificate and Board of Apprenticeship Training is awarding Certificate of Proficiency, therefore, both the certificates are equivalent certificates given under the Apprenticeship Act.

(3.) ON 10.02.2009, while admitting the appeal, following substantial questions of law were framed by this Court: