AFTAB ALAM,J. - (1.) HEARD counsel for the parties
(2.) LEAVE granted In times of fast shrinking employment opportunities, trade apprentices who have completed their training staked their claim on an old practice, long discontinued, under which the Calcutta Port Trust in the port's Mechanical Engineering department used to make recruitment of trained apprentices and wards of employees dying in harness in the ratio of Three hundred and twenty one trained apprentices (respondents before this Court; hereinafter referred to as 'the trained apprentices') joined together and approached the Calcutta High Court in WP No. 21877(W)/99. They made the grievance that in disregard of the practice earlier followed, the Calcutta Port Trust was giving appointments only on compassionate grounds to the wards of their employees dying in harness and had completely stopped the recruitment of trained apprentices. They sought appropriate directions from the High Court asking the Calcutta Port Trust to appoint trained apprentices equal in number to those appointed on compassionate basis during the past many years so as to restore the 1:1 ratio between the two groups. At that stage the High Court did not pass any positive order in the matter but disposed of the writ petition directing the Chairman, Calcutta Port Trust to examine the claim of the trained apprentices and to dispose of their representation after giving them an opportunity of hearing.
(3.) IN compliance with the order of the Court the Chairman, Calcutta Port Trust heard representatives of the trained apprentices and examined their claim. He turned down the claim by a reasoned order dated July 5, 2000. From the order it appears that the trained apprentices raised three grievances/demands before him. One, the Calcutta Port Trust should not fill up the vacancies of Firemen in the Marine department by transfer of unskilled labourers from the Mechanical Engineering department. Two, the Port Trust should maintain a list of trade apprentices who completed the apprenticeship course in the Port for consideration for employment against future vacancies and three, the vacancies of unskilled labourers in the Mechanical Engineering department should be filled up by the dependents of employees dying in harness and trained apprentices in 1:1 ratio. IN regard to the third demand the trained apprentices further claimed that during the last 20 years the ratio was not properly maintained and in order to restore it trained apprentices should be appointed in equal numbers to those appointed on compassionate basis. The Chairman noted that the posts of Fireman in the Marine department were never filled up by transfer of unskilled labourers from the Mechanical Engineering department; hence, the first grievance/ demand of the trained apprentices was quite unfounded. As regards maintenance of list of trade apprentices for appointment as Firemen the Chairman noted that the Trust was passing through great financial stringency and was burdened with surplus workforce. As a result, the Trust was not in a position to take in any more unskilled labourers or to make appointments on other posts. He further noted that there was already a list of about 1200 persons, dependents of the employees who died in harness. Similarly, a list of trained apprentices was already maintained by the Trust in light of the Central Government instructions and the decisions of this Court for giving preference to them in the matter of direct recruitment to the post(s), matching their skills and qualifications. As per the instructions, being followed by the Trust, a trained apprentice is not required to get his name sponsored by any employment exchange and he is also given relaxation of age bar to the extent of the period of training. Thus there was no occasion to maintain any other list of trained apprentices for filling up only the vacancies in the Marine department. IN conclusion the Chairman passed the following order: "Notwithstanding anything contained hereinabove it is reiterated that if any occasion arises to fill up the posts of USL under Mechanical Engineering department by Direct recruitment the passed out Trade apprentices may also be considered." The trained apprentices once again went to the High Court in WP No. 9259 (W) of 2001 re-agitating their claims and challenging the order of the Chairman, Calcutta Port Trust.;