LAKHWINDER SINGH Vs. DIRECTOR INDUSTRIAL AND OTHER
LAWS(P&H)-1989-10-68
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 18,1989

LAKHWINDER SINGH Appellant
VERSUS
Director Industrial And Other Respondents

JUDGEMENT

K.P. Bhandari, J. - (1.) This is a writ petition praying for issuance of writ of mandamus directing Principal Industrial Training Institute Nabha District Patiala respondents N). 2 to send the contract agreement of the petitioner for registration with respondent No. 1 and directing respondent No. 1 to register the contract agreement to enable the petitioner to appear in the National Trade Test to be held in October, 1989.
(2.) The brief facts of the case are as follows : The petitioner after qualifying Matriculation Examination in first division joined Government Industrial Training Institute Patiala in August 1984 to undergo training course in the trade of Wireman. The petitioner qualified for the post in July, 1986. He was also awarded National Trade Certificate in July, 1986. The petitioner applied to respondent No. 3 Punjab State Electricity Board for appointment as Apprentice Lineman He was offered the post of Apprentice Lineman by the Punjab State Electricity Board vide letter No. 10466 dated 7th, of March, 1987. The petitioner joined the duty as Apprentice Lineman with Executive Engineer Distribution Division Nabha on 27th of March 1987. The petitioner alleges that he fulfilled all the terms and conditions laid down in the appointment letter Annexure P I. Thereafter he signed the contract form on 27th of March 1987. The further stand of the petitioner in the writ petition is that he completed his apprenticeship of two years and was relieved on the forenoon of 27th of March 1989. On completion of the training, the petitioner was due to appear in the National Trade Test which was to be conducted by respondent No. 1 in the capacity of State Apprentice Advisor. The petitioner was to appear in the National Trade Test at Industrial' Training Institute Nabha. However, on reaching the Institute on 10th of April 1989 he found that his roll number had not reached. On enquiry the petitioner came to know that roll number has not been sent because the Principal Industrial Training Institute Nabha had not received the contract agreement. On enquiry from the Punjab State Electricity Board and Assistant Executive Engineer, the petitioner came to know that the contract from duly executed was sent by the Assistant Executive Engineer, Nabha Urban to the Executive Engineer, Distribution Nabha on 10th of April, 1987 vide letter No. 1152 but the Executive Engineer Distribution Nabha had sent back the contract form for removal of certain objections by the department vide letter No. 20551 dated 23rd of November, 1987. The Assistant Executive Engineer Nabha Urban had again sent the contract form after removing the objections vide his letter No. 3784 dated 30ch of November, 1987 to the Executive Engineer Distribution. Again due to some objections, the contract agreement form was returned by respondent No. 3 to the Assistant Executive Engineer Nabha respondent No. 4 for removal of objections vide his memo No. 13100 dated 16th of August, 1988. The contract agreement form was misplaced by the office of respondent No. 4. A remind.-r was sent by respondent No. 3 to respondent No. 4 vide letter No. 3 dated 4th of January, 1989. The petitioner was directed to sign a duplicate contract form by respondent No. 4 on 16th of March, 1989 which was sent to the Executive Engineer Distribution Nabha respondent No. 3 vide letter No. 1171 dated 17th of March, 1989 and respondent No. 3 sent the duplicate contract agreement to the Superintending Engineer Distribution Division Patiala vide his memo No. 5085 dated 31st of March, 1989 and the Superintending Engineer Distribution Division Patiala sent the contract agreement form to respondent No. 2, Principal Industrial Training Institute Nabha on 28th of April 1989. In this purpose the date of examination which was 25th of April, 1989 again expired and the petitioner lost one chance to appear in the trade test on 25th of April 1983. The petitioner again wrote letter to respondent No. 2 on 1st of May, 1989 to send his contract agreement for registration with respondent No. 1 with a copy to respondent No. 1 with a request to register the contract so that the petitioner could appear in the trade test to be conducted by respondent No. 1 in October, 1989 but the petitioner did not receive any reply. The petitioner again sent a reminder on 18th of May, 1989 to respondent No. 1 to get the contract registered with information to the petitioner so that he may not be deprived of his chance to appear in the examination.
(3.) Written statement on behalf of respondents Nos. 3 and 4 has been filed through Shri N.S. Deol, Executive Engineer, Punjab State Electricity Board, Nabha, respondent No. 3. Written statement has also been filed on behalf of respondents Nos. 1 and 2 through Shri B. S. Kapur, Joint Director. The respondents have contested the claim of the petitioner.;


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