NARENDER KUMAR AND ORS. versus STATE OF PUNJAB AND ORS.

Citation: [1985] 2 S.C.R. 152 · Decided: 29-11-1984 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
NARENbER KUMAR AND ORS. 
v. 
STATE OF PUNJAB AND ORS. 
29th November, 1984 
[Y.V. CHANDRACHUD, C.J., AND E.S. VENKATARAMIAH, J.] 
Apprentices Act (Act-Lll of 1961), Section 22(2), object and scope of-
Contract of apprenticeship-Interpretation of Para 2 of the contract of 
Apprenticeship-Whether the terms of the contract entitle the trained 
apprentices to be appo;nred to 50% of the posts as per Government of India, 
Department of Labour (D.G.E.T.) Instructions notified on March 23rd, 1983-
Words and Phrases, meaning of ''without commitment''. 
Jn accordance with the provisions of the Apprentices Act, J961 and in 
terms of Para 2 of the contract of apprenticeship the appellants completed 
a one year apprenticeship under respondent No. 2, Punjab State Electricity 
Board. Contrary to the Instructions, notified on March 23rd, 1983 and 
D 
issued by of the Ministry of Labour and Rehabilitation, Department of 
Labour (D.G.E.T.) Government of India to all officers asking them to take 
necessary action to ensure that the trained apprentices are absorbed in 
industries upto a minimum of 50 per cent of direct recruitment vacancies, 
the Board advertised on July 27, 19.83 50 posts of Junior Engineers-II 
(Electrical) in its establishment for which the appellants had successfully 
completed a one year apprenticeship under it. 
E 
F 
G 
The appellants, therefore, filed a writ petition in the High Court of 
Punjab and Haryana, challenging the issuance of the advertisement on the 
ground that under their respective letters of appointment, they were entitled 
to be appointed to 50 per cent of posts which \\·ere advertised by respordent 
No. 2. The writ petition was dismissed by the High Court on the ground 
that the letters of appointment issued to the appellant did not contain any 
assurance or undertaking that they wiJl be absorbed in the service of the 
Punjab State Electricity Board ; that 47 per cent of the vacancies were 
already reserved for Scheduled Castes, Scheduled Tribes, backward classes, 
ex.servicemen, etc., and that, if another 50 per cent of the posts were to be 
reserved for apprenticeship ti·ainees, a1most 100 per cent posts shall have 
been put in the reserved category which would be contrary to law. Hence 
the appeal by special leave 
Allowing the appeal, the Court, 
HELD. 1. The object of Section 22(21 oi the Apprentice Act 1961 is to 
guarantee to the extent of Lhe existance of vacancies that the apprentices will 
H 
not be rendtred Jobless after they complete their training. 
• 
• 
' 
' . 
J 
, ' 
; 
NAREJ.iollR KUMAR v. PUNJAB 
1S3 
2.1. Sub-section (2) of section 22 leaves no doubt that, despite the 
provision contained in sub~section (1), the e.nployer is under an obligation 
to offer suitable employment to the apprentice if the contract of apprenticC4 
ship contains a condition that the apprentice shall serve the employer after 
the successful completion of the training. Indeed, when such an offer is 
made the apprentice on' his part is' bound to serve the employer in the 
capacity in which he was working as an apprentice, In a contract of 
apprenticeship, if a condition is not happily expre:,sed the Court must take 
a broad and commonsense view of the terms of the employment. It in not 
proper in such cases to indulge in a hair-splitting approach and find an 
escape for defeating the rights of employees. [155 F-G] 
2.2. Paragraph 2 of the letters of appointment is intended to convey 
the meaning that there is an obligation on the apprentices to serve the 
employer after the successful completion of the training. When paragraph 
2 says that the apprentice "shalJ be absorbed in the department" the only 
reasonable interpretation to put upon that expression is that it creates 
reciprocal rights and obligations on the parties to the contract of apprentice~ 
ship, nacnely, the employee and the employer. ''You shall be absorbed" is 
a double-edged term of the contract. lt binds the 
employer to offer 
employment to the apprentice (if there is a vacancy) and, equa1ly, it binds 
the apprentice to accept the offer. [156 D·F] 
2.3. Ia the context in which the expression "without any commit-
ment" occurs, it only means that the obligation of the employer to offer 
err1ployment to the apprentice and the corresponding obligation of the 
apprentice to serve the employer arises only if and when there is a vacany 
in which the apprentice can be appointed. Paragraph 2 of the letters of 
appointment creates a bindin

Excerpt shown. Read the full judgment & AI analysis in Lexace.