Apprentices Act, 1961
22. OFFER
AND ACCEPTANCE OF EMPLOYMENT. -
(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.
(2)
Notwithstanding anything in sub-section (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 :
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.
Comments:
What is indeed required is to see that nation gets the benefit of time, money
and energy spend on the trainees, which would be so when they are employed in
preference to non-trained direct recruits. This would also meet the
legitimate expectations of the trainees. U.P. State Road Transport
Corporation v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh AIR 1995 SUPREME
COURT 1115