Apprentices Act, 1961, Section 22 r/w Sections 6, 7 and 18

Apprentices Act, 1961—Section 22 r/w Sections 6, 7 and 18—Right of an apprentice to claim appointment—Held, an apprentice does not have a statutory right to claim an appointment and the employer is not under any statutory obligation to give him employment—However, if the terms of the contract of apprenticeship lay down a condition that on successful completion of apprenticeship an employer would offer him an employment, then it is obligatory on his part to do so—In the absence of such a condition, there is no obligation—It depends on the terms of the contract—In the case at hand, as the letter of appointment would show, the employer had only stated that on successful completion of the training, the apprentice may be appointed as Plant Attendant/Technician Grade-II—Thus, it was not a mandatory term incorporated in the agreement casting an obligation on the employer to appoint him—Judgments rendered by the learned single Judge as well as by the Division Bench whereunder the respondents were held entitled for grant of Assured Career Progression Scale (“the ACP Scale”) on completion of ten years of service which included training as apprentice are unsustainable and are, accordingly, set aside—Appeal allowed.

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