Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law apprentice |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Apprentices Act, 1961 (52 of 1961) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Assured Career Progression (ACP) Scale - Entitlement - Whether period spent in apprenticeship would be counted towards regular satisfactory service - For the purpose of grant of ACP scale - Held: The period spent in apprenticeship cannot be counted for grant of ACP Scale, because apprentices are trainees and not workmen - Apprentices Act, 1961 - ss. 2(aa), 2(aaa) and 18. Words and Phrases - 'apprentice' and 'apprenticeship training' - Meaning of, in the context of Apprentices Act, 1961.Respondents filed writ petition claiming their second assured Career Progression (ACP) Scale on completion of 20 years of service. They took the plea that the period should include the period of training as apprentice. They asserted that while grant of first ACP on completion of 10 years of service, period of apprenticeship was included. During pendency of the writ petition, the appellant-department withdrew the first ACP Scale, in view of clause (4) of Notification dated 14.3.1990. Single Judge of the High Court held that regular satisfactory service would include the period spent in apprenticeship and clause (4) of Notification dated 14.3.1990 cannot override the order dated 27 .2.198 which provided reckoning of regular satisfactory service. In Writ appeal, Division Bench of High Court upheld the order of Single Judge. Hence the present appeal. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 12 |
Petitioner | Haryana Power Generation Corporation Limited And Others |
Respondent | Harkesh Chand And Others |
SCR | [2013] 2 S.C.R. 593 |
Judgement Date | 2013-01-07 |
Case Number | 100 |
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