LexKRISHAN LAL versus STATE OF HARYANA & ORS.
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[2009] 10 S.C.R. 1018 A KRISHAN LAL 1""_,.. v. STATE OF HARYANA & ORS. (Civil Appeal No. 4385 of 2009) B JULY 16, 2009 [S.B. SINHA AND DEEPAK VERMA, JJ.] SERVICE LAW: t • c Appointment to post of Mechanist Grinder Instructor - Criterion of experience - Period of 5 years' practical/teaching experience - HELD: Would include the duration of certificate course undergone by candidate as also the period during which he was an apprentice - Thus calculated, the candidate D satisfied the required experience - Merely because the ...... _ establishments were not subscribing to the provident fund, the same would not be a ground to treat the experience certificates issued by them as nullities - Employees' Provident Funds and Miscellaneous Provisions Act, 1952. E The appellant challenged the appointment of respondent No.4 as Mechanist Grinder Instructor by filing a writ petition before the High Court on the ground that he did not fulfill the criteria of 5 years practical/teaching experience; and that the Certificates produced by him F would show that he had been working at difference placed at the same time and thus the same could not have been taken into consideration. The High Court on consideration of the Certificates produced by respondent No.4 dismissed the writ petition. G In the instant appeal, it was contended for the l-.. appellant that even if the two Certificates relied upon by respondent no. 4 were held to be valid, the period of practical experience gained by him would be less than 5 H 1018 KRISHAN LAL v. STATE OF HARYANA & ORS. 1019 ~ years; and that the Cl~'~Yificates weJf//fr},ssued by the A industries which were n~t in existenc· 1.as no provident ' fund was deposited by them; ' I Dismissing the appeal, the Court HELD: 1. The period of five years practical/teaching B experience would include the period mentioned at ,, ~ column No.(ii), namely, a certificate course undergone by the candidate concerned. It has not been disputed that the said certificate course is of two years. From a perusal of the judgment passed by the High Court, it would c furthermore appear that respondent No.4 was an apprentice in Maruti Udyog for a period of one year. The said period must also be counted. It has categorically been stated before the High Court as also before this ~" Court that the Commission did not take into consideration D the third certificate. It can, therefore, not be said that respondent No.4 did not fulfill the requisite essentia1 qualifications. [Para 9) [1023-B-E) 2. As regards the plea of the appellant that since no E provident fund was deposited, the industries issuing the experience certificates were not existing, admittedly, the same having not been raised before the High Court, cannot be permitted to be raised before this Court. However, non-deposit of the provident fund in terms of F the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 by itself does not lead to the conclusion that the establishments are non-existing. Provident fund need to be deposited provided the said Act applies. It may be even otherwise a violation of the provisions of the said Act, but only by reason thereof, the G ,._) certificates granted by the employers would not be treated to be nullities. [Paras 9 and 10) [1023-E-H; 1024- A) CIVIL APPELLATE JURISDICTION : Civil Appeal No. I- 1020 SUPREME COURT REPORTS [2009) 10 S.C.R. A 4385 of 2009. 1--- From the Judgment & Order dated 24.3.2008 of the High Court of Punjab & Haryana at Chandigarh in Civil Writ Petition No. 16960 of 2006. B Gp. Capt. Karan Singh Bhati (SCLSC) for the Appellants. Manjit Singh AAG, T.V. George and R.C. Kaushik for the Respondents. ~ , c The Judgment of the Court was delivered by S.B. SINHA, J. 1. Leave granted. 2. The Haryana Staff Selection Commission issued an advertisement for the post of Mechanist Grinder Instructor in D newspapers laying down the following essential qualifications: .. "(i) Matriculation/Senior Secondary/10th pass under 10+2 scheme. (ii) National Trade certificate and Craft Instructor E Training course in concerned Trade. (iii) Five years practical/teaching experience including the period mentioned at (ii) above from a reputed \ Industrial concern or recognized Institute. F (iv) Knowledge of Hindi up to Matric." 3. The appellant as also the respondent No.4 amongst others applied pursuant to the said advertisemen
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