India | Employment Law
Legal Question
Regularisation of Trade Apprentices
After successful completion of apprenticeship under apprentice act 1961, can apprentices be absorbed against permanent vaccancies after going through a selection test with fresh candidates by giving preference over fresh candidates though the apprentices secured less marks than fresh candidates and just have secured minimum qualifying marks in the selection test? Can apprentices have any right to be absorbed by having preference over fresh candidates just having secured minimum qualification marks in the selection test? If not, then what is the meaning of SUPREME COURT's judgement in U P State Road Transport Corporation '' Other things being equal, a apprentice can be given preference over direct candidates?'' In this judgement does ''other thing'' mean marks in the selection test for appointment?
Legal Answer
Re: Regularisation of Trade Apprentices
The validity of selection process may depend upon a number of factors. If the selection is governed by statutory rules, the first and foremost aspect would be compliance with the statutory rules.
Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA Punjab and Haryana High Court Chandigarh, 110001
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Legal Answer
Re: Regularisation of Trade Apprentices
Other things in the judgment would include other parameters based on which a candidate would be selected.
PD Legal & Associates 4, Sagar Society, Fatimanagar Pune, NUS 411013
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