Amitava Lala J - (1.) . - This writ petition is made by the petitioners herein for the purpose of getting an appropriate order from the Court in the nature of treating themselves as regular employees of M/s Engel India Machines and Tools Limited (Government of West Bengal Undertaking) respondent no.2 herein. by an order dated 26th May, 1993 the petitioners were appointed as trainees subject to other conditions as available in Annexure 'A' to the petition being an appointment in connection thereto. Annexure 'B' therein prescribes model contract of apprenticeship of the case of major apprentices under which the incumbent or incumbents were appointed for 3 years. Conditions enclosed therein say that it shall not be obligatory on the part of the employer to offer any employment to the apprentices on completion of the period of his apprenticeship training in the establishment nor shall it be obligatory on the part of the apprentices to accept an employment under the employee. A further condition therein provided any discrimination or dispute between themselves will be referred to the Deputy Central/State Apprenticeship Adviser for taking decision. Any body aggrieved can prefer an appeal within 30 days from the date of communication of such decision to an appropriate Committee. A further condition provided that the Company does not guarantee employment or absorption on completion of the training period. If, however, any suitable vacancy arises the case may be considered for absorption depending upon the merit and performance during the training period. However, another condition is imposed by saying that after completion of 5 years training shall be automatically ceased. A stipend will be paid for such apprentices. Such apprentice shall conduct himself as trainee and not as the worker for the purpose of getting himself/herself qualified for the post. Therefore, the petitioners were working and according to them, they have completed their training period in an unblemished manner. After completion of such apprenticeship a representation was made that they have rendered their apprenticeship for more than the time limit as prescribed under the law and as such the consideration can be made in respect of absorption of them in the service of the Company with effect from the expiry of the statutory period of training. This is also according to the petitioners that they have worked as "trade apprentices" within the motto of the Clause (b) of Section 6 of the Apprentices Act, 1961 read with Rule 5 of the Apprenticeship Rules, 1962.
(2.) The Company vehemently opposed the regularisation of the service of the petitioners. According to the company recruitment of apprenticeship trainee under the Apprentice Act, 1961 and recruitment or the employment of the regular service or regularisation from a casual or temporary status are altogether distinct and different from each other. An apprentice can necessarily be taken in the Company by giving a regular employment. Such condition was prevailing between themselves and there is no such scope for the purpose of deviating from such principle.
(3.) It appears from the report of the Pay Commission in the month of July, 2000 that following the closure of the Company in 1972 its management was taken over by Government on September, 1978 and the organisation was ultimately nationalised by the Government of West Bengal in 1978. The organisation becomes a Government Company under the Companies Act, in the year, 1988. The affairs of the Company is being looked after by the Board of Director having 9 members including the Chairman and the Managing Director under the overall control of the Government of West Bengal in the Department of Public Enterprises. Therefore, remedy lies in regularisation of the service, if any, with the Government of West Bengal not with the Personal Manager of the Company who was requested for the purpose of regularisation of service.;