APPRENTICES ACT

1961
NIDHI SHUKLA XISS

APPLICABILITY

Applies to the whole of India

Shall not apply to- area or industry in
any area which the Central Govt does
not specify by not. In the off gazette.
or
Any such special apprenticeship
scheme for imparting training to
apprentices as may be notified by the
Central Govt.

Section-2 definitions

[(a) All India Council means the All India

Council of Technical Education established by
the resolution of the Government of India
(aa) apprentice means a person who is
undergoing apprenticeship training in
pursuance of a contract of apprenticeship
(aaa) apprenticeship training means a
course of training in any industry or
establishment undergone in pursuance of a
contract of apprenticeship and under
prescribed terms and conditions which may
be different for different categories of
apprentices;]

Contd ...
(b)Apprenticeship Adviser means the
Central Apprenticeship Adviser
appointed under sub-section (1) of
section 26 or the State Apprenticeship
Adviser appointed under sub-section (2)
of that section;
(c)Apprenticeship Council means the
Central Apprenticeship Council or the
State Apprenticeship Council
established under sub-section (1) of
section 24;

(d) Appropriate Govt

(1) in relation to

(a) the Central Apprenticeship Council, or

[(aa) the Regional Boards, or

(aaa) the practical training of graduate or technician apprentices or

technician (vocational) apprentices, or]

(b) any establishment of any railway, major port, mine or oil field, or

(c) any establishment owned, controlled or managed by

(i) the Central Government or a department of the Central

Government,
(ii) a company in which not less than fifty-one per cent of the share
capital is held by the Central Government or partly by that
Government and partly by one or more State Governments
(iii) a corporation (including a co-operative society) established by
or under a Central Act, which is owned, controlled or managed by
the Central Government, The Central Government

contd ..

2) in relation to
(a) a State Apprenticeship Council, or
(b) any establishment other than an
establishment specified in sub-clause
(1) of this clause, the State
Government;

definitions (contd)

[(dd) Board or State Council of Technical Education means the

Board or State Council of Technical Education established by the
State Government;]
(e) designated trade 7 [means any trade or occupation or any subject
field in engineering or technology] 7[or any vocational course] which
the Central Government, after consultation with the Central
Apprenticeship Council, may, by notification in the Official Gazette,
specify as a designated trade for the purposes of this Act;
(f) employer means any person who employs one or more other
persons to do any work in an establishment for remuneration and
includes any person entrusted with the supervision and control of
employees in such establishment;
(g) establishment includes any place where any industry is carried
on 8[and where an establishment consists of different departments or
have branches, whether situated in the same place or at different
places, all such departments or branches shall be treated as part of
that establishment];

contd ..

(h) establishment in private sector means an establishment

which is not an establishment in public sector;
(i) establishment in public sector means an establishment
owned, controlled or managed by
(1) the Government or a department of the Government;
(2) a Government company as defined in section 617 of the
Companies Act, 1956 (1 of 1956);
(3) a corporation (including a co-operative society) established
by or under a Central, Provincial or State Act, which is owned,
controlled or managed by the Government;
(4) a local authority;
9 [(j) graduate or technician apprentice means an apprentice
who holds, or is undergoing training in order that he may hold a
degree or diploma in engineering or technology or equivalent
qualification granted by any institution recognised by the
Government and undergoes apprenticeship training in any such
subject field in engineering or technology as may be
prescribed;

contd ..

k) industry means any industry or business in which

any trade, occupation or subject field in engineering or
technology 7[or any vocational course] may be
specified as a designated trade;]
(l) National Council means the National Council for
Training in Vocational Trades established by the
resolution of the Government of India in the Ministry
of Labour (Directorate General of Resettlement and
Employment)
(m) prescribed means prescribed by rules made
under this Act;
10 [(mm) Regional Board means any Board of
Apprenticeship Training registered under the
Societies Registration Act, 1860 (21 of 1860) at
Bombay , Calcutta , Madras or Kanpur ;]

contd..

n) State includes a Union territory;

(o) State Council means a State Council for Training in
Vocational Trades established by the State Government;
(p) State Government in relation to a Union territory means the
Administrator thereof;
11 [(pp) technician (vocational) apprentice means an apprentice
who holds or is undergoing training in order that he may hold a
certificate in vocational course involving two years of study after
the completion of the secondary stage of school education
recognised by the All-India Council and undergoes apprenticeship
training in any such subject field in any vocational course as may
be prescribed;]
12 [(q) trade apprentice means an apprentice who undergoes
apprenticeship training in any such trade or occupation as may
be prescribed.]
13 [(r) worker means any person who is employed for wages in
any kind of work and who gets his wages directly from the
employer but shall not include an apprentice referred to in clause
(aa)].

Section 3 qualifications
To be engaged as an apprentice to
undergo apprenticeship training:
a) should be not less than 14 yrs of
age
b) should satisfy prescribed standards
of education and physical fitness
( diff standards for diff designated
trades and diff categories of
apprentices)

Reservation of training places

3A- for SC & ST in designated trades
1) For one or more designated trades on
the basis of the total no. Of
apprentices in the establishment
2) Training places to be such as may be
prescribed and shall have regard to the
population of SC and ST in the State
concerned [ SC-Art 341, ST- Art 342]
) 3B- 1) & 2) same as 3A, for OBC

Contract [Sec-4]
of Apprenticeship
13

(1) No person shall be engaged as an

apprentice to undergo apprenticeship
training in a designated trade unless such
person or, if he is a minor, his guardian has
entered into a contract of apprenticeship
with the employer.
(2) The apprenticeship training shall be
deemed to have commenced on the date on
which the contract of apprenticeship has
been entered into under sub-section (1).
(3) Every contract of apprenticeship may
contain such terms and conditions as may be
agreed to by the parties to the contract :
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THE APPRENTICES ACT,1961

Contract- contd..
4) Contract of app. To be sent by the employer to
the app. Advisor for registration within
prescribed period
5) The app.advisor to be satisfied that the
apprentice is qualified to be app or be under
app. Trng in the designated trade
6) The contract of app. To be deemed to have
been modified in accordance with the rules
made by the Central Govt. In consultation with
the Central App. Counsel varying the terms and
conditions of app.trng of any category
undergoing such trng

Novation of Contracts of
apprenticeship [Section 5]

Employer not able to fulfil his obligations

under the con. Of .app
If agreement made b/w the employer,
apprentice or his guardian and any other
employer.
With the approval of the app. Advisor, the
app shall be app. Under the other employer
for the unexpired portion of the trng. The
agreement is registered by the App Adv.
The agreement shall be deemed to be the
contract of app. On and from the date of
registration

What is novation?

If the parties to a contract agree to

substitute a new contract for it, or to
rescind or alter it, the original
contract need not be performed
Section 62 Indian Contract Act

Period of Apprenticeship
Section 6a) Trade apprentices- examination held by
National Council- determined by the
Council
aa) Trade apprentices- examination held by
board or State Council of Technical
Education, or any authority specified by
the Central Govt by not. In the off gaz, as
prescribed
b) Other Trade App., as prescribed
c)Graduate or technician apprentices, as
prescribed

Termination of Training sec-7

18

1)On the expiry of the period of apprenticeship

training specified in the contract.
2) Either party may make an application to the App.
Adv and send a copy of the application to the other
party
3) The App Adv considers contents, by order in
writing terminate the contract . Satisfaction: the
parties or any one of them fail to fulfil the contract
or it is desirable in the interest of the parties or
any of them to terminate the contract
Premature termination by employer
the employer shall pay to the apprentice such
compensation as may be prescribed.
Premature termination by the apprentice
apprentice or his guardian shall refund to the
employer as cost of training such amount as may
be determined by the Apprenticeship Adviser.
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26

Termination of app.cont.

In case of termination before the

expiry of the per. Of app. Trng, and a
new contract with any other employer
being entered into, on being satisfied
that it was due to some lapse on the
part of the previous employer, the
App. Adv. May permit the pd. Of trng
undergone with the previous employer
to be included in the pd. Of trng to be
undertaken by the new employer

NUMBER OF
APPRENTICES[sec 8]

20

The Central Government shall, after

consulting the Central
Apprenticeship Council, by order
notified in the Official Gazette,
determine for each designated trade
the ratio of trade apprentices to
workers other than unskilled
workers in that trade.
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THE APPRENTICES ACT,1961

No. Of Apprentices for a designated

trade
The employer can engage apprentices in
excess of the ratio
2)In determining the ratio the CENTRAL Govt.
Shall have regard to the facilities to be made
available by the employer in pursuance of
any notice issued to him by the Central App.
Adv or such other person (3A)
3) The App. Adv may , require an employer to
engage such no. Within the ratio for any
designated trade , and the employer shall
comply

consideration...

The App. Adv may, on a representation

made to it by the employer, keeping in
view the more realistic employment
potential, permit him to engage lesser
than the Ratio arrived at, but not
lesser than 50% of the number so
arrived at, subject to the condition
that the employer shall engage
apprentices in other trades in excess
in number equivalent to the shortfall

3A- parameters of consideration

The Central APP. Adv or any other person not
below the rank of Asst. App Adv. So authorised,
shall have regard to
i)
no. Of managerial persons [ including technical
and supervisory persons] employed in
designated trade
ii)
No. of MTs
iii) Totality of training facilities available in the DT
iv) Other factors of the circumstances or case
beyond this, the employer shall comply to the
CentApp Adv . Directive to impart trng of
Graduate or technician app. In such trade in
his establishment as is specified in the notice

Explanation ..

MT means a person who is engaged

by an employer for undergoing a
course of trng in the estbt. ( not
being an app. Trng. Under this Act)
subject to the condition that on
completion of the trng such person
shall be employed by the employer on
a regular basis

Contd..
4) Several employers may join together
for the purpose of providing practical
training to the apprentices under
them by moving them b/w their estbts
5) Where in regard to public interest,
the app govt opines that training is
required , may require employers to
train addl no. Of trainies( beyond
ratio)

[ contd]
6)Govt to make available such facilities
and such financial assistance as are
considered necessary by the App.Adv
for trng the addl no. Of apprentices
7)An employer not satisfied with the
decision of the App.Adv under (6) may
make a reference to the Central App.
Council which shall be decided by a
Committee and the decision shall be
final

Practical and basic training

Section 9
(1)Every employer to make suitable
arrangements in his workshop for imparting a
course of practical trng to every apprentice
engaged by him in accordance with the
programme approved by the App.Adv
(2) CAA or any other person authorised by the
CAA not lower in rank than an asst App Adv to
be given all reasonable facilities for access to
each app with a view to test his work and to
ensure that the trng is in accordance with the
approved programme.
[where the app. Govt is the State govt. Similar
facility to be given to the State App.Adv ]

Contd ..
(3) Apprentices who have not undergone
institutional training in school or
institution recognized by National
Council or affiliated or recognized by
the Board or State Council of Technical
Education or any other authority
specified by the Central Govt by not.in
the off.gaz., shall before admission in
the workshop for Pr. Trng, undergo a
course of Basic Trng

Contd ..
4)Where more than 500 workers, trng to app. at
separate parts of the workshop building or in a
separate building set up by the employer himself,
App.govt may give loans on easy instalments for
the purpose
4A) if the no. Of app. to be given Basic Trng is less
than 12, the employer may depute all or any of
such apps to any Basic Trng Centre or Industrial
Training Institute for BT in any DT, run by the Govt.
4B) The employer shall pay the Govt the expenses
incurred by the Govt. On such trng at the rate
specified by the Central Govt

contd ..
5) Where less than 500 workers, BT to be
imparted in trng institutes set up by the govt.
6)In such an inst located within the premises of
the most suitable est., or in the locality of any
other convenient place, BT may be imparted
to trade app. Engaged by two or more
employers
7)In the case of an app. Other than graduate or
technician(vocational) app.,the syllabus,
equipment, PT and BT to be approved by the
Central Govt. In consultation with the CAA

contd ...
7A)In the case of Graduate or
technician(vocational) app. The programme
and facilities to be approved by the Central
Govt. In consultation with the CAA
8) (a)The costs (incl stipend) incurred in the BT
to Trade app. Other than those who have
undergone institutional training[6(a),(aa)]
shall be borne;i)Where 250 workers or more, by the employer
ii)Where less than 250 workers, by the
employer and the Govt. In equal shares up to
a limit laid down by the Central Govt., and
beyond that limit, by the employer alone.

contd..
b) Recurring costs(incl stipend) in
PT(including BT) to app. Institutionally
trained , to be borne by the employer in any
case
c) Recurring costs( excluding stipend)
incurred on PT for graduate and
technician(vocational) apprentices, to be
borne by the employer and the costs of
stipend shall be borne by the CG and the
employer in equal shares up to a limit laid
down by the CG and beyond that by the
employer

Related Instruction[sec 10]

1)Theoretical knowledge (appropriate to the
trade) during the PT for him to become a fully
qualified skilled craftsman , to be imparted as
approved by the CG in consultation with the CAA
2) At the cost of the app govt. But facilities by the
employer
3)
Time spent on Rel. Inst. To be treated as part
of his paid pd of work
4) For those trade app who have undergone
institutional trng [6(a)(aa)] the related
instruction may be reduced or modified

Contd...
5)Where any person, during his course
in a technical institution becomes a
graduate or technician app.,
technician(vocational) apprentice
and is required to receive related
instruction, then the employer shall
release the person for RI in the
institution for a pd specified by the
CAA or by any...........

OBLIGATIONS OF EMPLOYERS { Sec11}

35

(a) To provide the apprentice

with the training in his trade
in accordance with the
provisions of this Act, and
the rules made there under;
(b) If the employer is not
himself qualified in the
trade, to ensure that a
person who possesses the
prescribed qualifications is
placed in charge of the
training of the apprentice;
THE APPRENTICES ACT,1961 1/12/17

Cont.
36

(bb) to provide adequate

instructional staff, possessing such
qualifications as may be prescribed,
for imparting practical and
theoretical training and facilities for
trade test of apprentices; and
(c) to carry out his obligations under
the contract of apprenticeship.
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THE APPRENTICES ACT,1961

37

OBLIGATIONS OF
APPRENTICES[sec 12]

Every graduate or technician

apprentice, technician (vocational)
apprentice undergoing
apprenticeship training shall have
the following obligations, namely :
(a) to learn his subject field in
engineering or technology or
vocational course conscientiously
and diligently at his place of
training;
1/12/17
THE APPRENTICES ACT,1961

Conti.
38

(b) to attend the practical and

instructional classes regularly;
(c) to carry out all lawful orders of
his employer and superiors in the
establishment;
(d) to carry out his obligations
under the contract of
apprenticeship which shall include
the maintenance of such records of
his work as may be prescribed.
THE APPRENTICES ACT,1961 1/12/17

Payment to Apprentices[sec 13]

1)

2)

Stipend at a rate not less than the

prescribed minimum rate, or the rate
which was being paid by the employer on
1st January 1970 to the category of app.,
under which the app., falls, whichever is
higher, to be specified in the Con. Of. App.
To be paid at such intervals and subject to
such conditions as may be prescribed
App not to be paid on the basis of piece
work, nor to be part of any output bonus
or any incentive scheme

Health, Safety & Welfare[sec14]

In a factory, provisions of CH., lll, lV,
& V of Factories Act 1948, to apply
as if they were workers within the
meaning of the Act, and in a mine,
provisions of CH., V of the Mines Act
1952 to apply as if they were
employed persons in the mine

HOURS OF WORK, OVERTIME,

LEAVE AND HOLIDAYS[sec15].
41

(1) The weekly and daily hours of work

of an apprentice while undergoing
practical training in a workshop shall
be such as may be prescribed.
(2) No apprentice shall be required or
allowed to work overtime except with
the approval of the Apprenticeship
Adviser who shall not grant such
approval unless he is satisfied that
such overtime is in the interest of the
training of the apprentice or in the
public interest.
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THE APPRENTICES ACT,1961

13

Con
t.
42

(3) An apprentice shall be

entitled to such leave as may
be prescribed and to such
holidays as are observed in
the establishment in which he
is undergoing training.
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14

Liability for compensation[sec 16]

As per the Employees

Compensation Act ,1923

CONDUCT
44

AND
DISCIPLIN
E.
Section 17- In all matters of conduct
and discipline, the apprentice shall be
governed by the rules and regulations
applicable to employees of the
corresponding category in the
establishment in which the
apprentice is undergoing training.
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16

45

APPRENTICES ARE
TRAINEES AND NOT
WORKERS.[ sec 18]

(a) Every apprentice undergoing

apprenticeship training in a
designated trade in an
establishment shall be a trainee and
not a worker; and
(b) The provisions of any law with
respect to Labour shall not apply to
or in relation to such apprentice.
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17

RECORDS AND
RETURNS

46

Every employer shall maintain records

of the progress of training of each
apprentice undergoing apprenticeship
training in his establishment in such
form as may be prescribed.
In such form and to such authorities and
at such intervals as may be prescribed
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19

Settlement of Disputes[sec 20]

1)
2)

3)

Any dispute to be referred to the CAA

Any person aggrieved by the decision
of the CAA , may make an appeal
within 30 days of communication of
the decision which shall be heard by a
Committee of that council appointed
for the purpose
The decision of the Committee, and
subject to such decision the decision
of the CAA shall be final

TEST AND GRANT OF CERTIFICATE &

CONCLUSION OF TRAINING[21]
48

(1) Every trade apprentice who has

completed the period of training shall
appear for a test to be conducted by
the National Council to determine his
proficiency in the designated trade in
which he has undergone his
apprenticeship training.
(2) Every trade apprentice who
passes the test referred to in subsection (1) shall be granted a
certificate of proficiency in the trade
by the National Council.
1/12/17

THE APPRENTICES ACT,1961

24

Cont
49

(3) The progress in apprenticeship

training of every graduate or technician
apprentice, technician (vocational)
apprentice shall be assessed by the
employer from time to time.
(4) Every graduate or technician
apprentice or technician (vocational)
apprentice, who completes his
apprenticeship training to the
satisfaction of the concerned Regional
Board, shall be granted a certificate of
proficiency by that Board.
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THE APPRENTICES ACT,1961

25

OFFER AND ACCEPTANCE OF EMPLOYMENT

section 22
50

(1) It shall not be obligatory on the part of

the employer to offer any employment to
any apprentice who has completed the
period of his apprenticeship training in his
establishment, nor shall it be obligatory
on the part of the apprentice to accept an
employment under the employer.
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THE APPRENTICES ACT,1961

28

Cont.

51

(2) Notwithstanding anything in subsection (1), where there is a condition

in a contract of apprenticeship shall,
after the successful completion of the
apprenticeship training, serve the
employer, the employer shall, on such
completion, be bound to offer suitable
employment to the apprentice, and the
apprentice shall be bound to serve the
employer in that capacity for such
period and on such remuneration as
may be specified in the contract.[non
obstante ]
1/12/17
THE APPRENTICES ACT,1961

29

Cont.
52

Provided that where such period or

remuneration is not, in the opinion of
the Apprenticeship Adviser,
reasonable, he may revise such
period or remuneration so as to make
it reasonable, and the period or
remuneration so revised shall be
deemed to be the period or
remuneration agreed to between the
apprentice and the employer.
1/12/17

THE APPRENTICES ACT,1961

30

Authorities-sec 23
1)In addn to the Govta)The National Council
b) The Central Apprenticeship Council
c) The State Council
d) The State Apprenticeship Council
e) The All India Council
f) The regional Boards
g) The Boards or State Councils of
Technical
Education
h) The Central Apprenticeship Advisor
i) The State Apprenticeship Advisor

Contd...
(2) Every State Council shall be affiliated to the
National Council and every SAC to CAC
(2A) Every State Council of Technical Education
and every Regional Board shall be affiliated to
the CAC
(3) Each of the authorities in ss(1) shall perform
functions assigned to them by or under the Act
or by the Govt
Provided that the State Council shall perform
functions assigned to it by the NC and the SAC
and Board or SC of TE shall also perform
functions assigned to it by the CAC

Constitution of Councils[24]
The CG shall est., the CAC and SG shall est., the
SAC[ by not., in the off., gaz.]
2) The CAC shall consist of the Chairman, the VC and
such other members as the CG may think expedient,
to be appointed by not.in the off. Gaz., from among
the following(a)Reps of employees in ests in public and private
sectors;
(b) Reps of Central and State Govts;
(c)Persons having special knowledge and experience on
matters relating to industry, labour and technical
education
(d) Reps of AIC and RBs
1)

Contd..
(3) For all such members, the term of office,
the procedure to be followed in the discharge
of their functions, and the manner of filling
vacancies shall be such as prescribed
(4) The SAC shall consist of.......(same as 2) for
CAC except
(d) Reps of the Board or of the SC of TE
(5) Same as (3) for CAC
(6) The fees and allowances to be paid to the
Chairman and VC of CAC shall be determined
by the CG and that of SAC by the SG

Appointments
25- No act done or proceeding taken by NC, CAC, SC, or
SAC shall be questioned on grounds that there exists a
vacancy or defect in the constitution of such Council
26- 1)appt of CAA by CG
2) appt of SAC by SG
3) CAA to be secy., to CAC and SAA to be secy., to SAC
27- 1) Govt., may appt suitable persons as addl, joint,
regional, Deputy and Asst AA to assist the AA
2) all appointed shall subject to the control of the AA
shall perform functions assigned to them by the AA
28- all above appts to deemed to be Public Servants
within the meaning of section 21 0f IPC
29- CAC , authorised person; SAC, authorised person
enter, require production of rec, docs, make examination
and inquiry and exercise such other powers as may be
presc.

OFFENCES AND
PENALTIES.
58

If any employer - (a) engages as an

apprentice a person who is not qualified for
being so engaged, or
(b) fails to carry out the terms and conditions
of a contract of apprenticeship, or
(c) contravenes the provisions of this Act
relating to the number of apprentices which
he is required to engage under those
provisions, he shall be punishable with
imprisonment for a term which may extend to
six months or with fine or with both.
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20

Cont.
59

If any employer or any other person

(a) required to furnish any information or return
(i) refuses or neglects to furnish such
information or return, or
(ii) furnishes or causes to be furnished any
information or return which is false and which
he either knows or believes to be false or does
not believe to be true, or
(iii) refuses to answer, or gives a false answer to
any question necessary for obtaining any
information required to be furnished by him, or
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THE APPRENTICES ACT,1961

21

Cont.
60

(b) refuses or willfully neglects to afford the

Central or the State Apprenticeship Adviser or
such other person, not below the rank of an
Assistant Apprenticeship Adviser, as may be
authorized by the Central or the State
Apprenticeship Adviser in writing in this
behalf any reasonable facility for making any
entry, inspection, examination or inquiry
authorized by or under this Act, or
(c) requires an apprentice to work overtime
without the approval of the Apprenticeship
Adviser, or
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THE APPRENTICES ACT,1961

22

Cont.
61

(d) employs an apprentice on any work

which is not connected with his
training, or
(e) makes payment to an apprentice on
the basis of piecework, or
(f) requires an apprentice to take part
in any output bonus or incentive
scheme, he shall be punishable with
imprisonment for a term which may
extend to six months or with fine or
with both.
1/12/17

THE APPRENTICES ACT,1961

23

other provisions
31- penalty where no specific penalty is
provided[ 1000/- to -3000/-]
32- offences by companies
33- No cognizance of offences unless written
complaint made by AA
34- Delegation of powers by Govt
35- 1) References to AC to mean CAC where app
govt is CG; to SAC where app govt is the State govt
2) AA to mean CAA and SAA
36- protection of action taken in good faith
37- power to make rules

Explanation of Sec 22
Narinder Kumar Vs State of Punjab
Ss 2 (22)
Question before the Supreme Court:
interpretation of the contract of app.
Appellants : apprentice: that they shall
serve after completion of app. Trng
Respondents: the particular contract
cannot be construed as a condition that
the apprentices shall serve the employer

Contd..The contract:- para 2

It should be clearly understood that you
shall be on stipendiary training for a
period of one year and on successful
completion of this training, you shall
be absorbed in the department if there
are vacancies, without any
commitment subject to the stipulation
that during the waiting period after
one years apprenticeship, you will not
be paid any remuneration.

Observation of the Court

...... you shall be absorbed is a double edged term of
contract. It binds the employer to offer employment to
the apprentice(if there is vacancy) and, equally it binds
the apprentice to accept the offer.
Another defence taken: without any commitment
The Court refused to accept the submission made by the
State of Punjab and held that that there is no substance
in the contention
The clause, you shall be absorbed in the department if
there are vacancies, precedes the expression, without
any commitment. It is plain commonsense, because if
there is no vacancy, there is no obligation to appoint him.
The reciprocal rights and obligations, to serve and offer
employment arise on occurrence of vacancy

Contd..
The Court further held that:
The object of the provision made in
section22(2) will be defeated if para2 of
the letters of appointment under which
the appellants were appointed were to
hold that even if there is a vacancy , the
employer is free not to appoint the
apprentice and fill the vacancy by
appointing an outsider. The object of the
provision is to guarantee, to the extent of
existence of vacancies

Guidelines for recruitment

UP state Transport Corporation Vs UP Parivan Nigam
Shishukhs Berozgar Sangh
1. Other things being equal, trained apprentice should be
given preference over direct recruits
2. A trainee would not be required to get his name
sponsored by any employment exchange
3. If age bar comes in the way, the same would be relaxed
in accordance with what is stated in this regard, in the
service rule concerned. If the service rule is silent,
relaxation to the extent of the period of training
undergone
4. The concerned training institute to maintain a list of
persons trained year wise. The persons trained earlier to
be treated as seniors to whom preference shall be given

However the SC in 2000 held that the

apprentices have to go through the
procedure of examination/interview
and they are entitled to benefits of
entries 1 to 4
[UP Rajya Vidyut Parishad Apprentice
Welfare Association Vs tate Of UP]