An appeal challenging the dismissal of a writ petition seeking an experience certificate. The High Court refused to interfere, upholding that an apprentice is a trainee, not a worker, and the certificate issued under the Apprentices Act does not constitute valid work experience.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 8TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943
WA NO. 1301 OF 2021
AGAINST THE JUDGMENT IN WP(C) 20394/2021 DATED 05.10.2021 OF HIGH COURT OF KERALA, ERNAKULAM
APPELLANT/S:
VISAKH V SOMAN,S/O SOMAN VK, VATTEKKATT HOUSE, NAMBAZHIKKAD POST, THALAPPILLY TALUK, TRISSUR DIST, KERALA STATE - 680602
BY ADVS. SAJAN VARGHEESE K. LIJU. M.P JOPHY POTHEN KANDANKARY
RESPONDENT/S:
R1 TO R3 BY SRI. P.VIJAYAKUMAR, ASG, R4 & R5 BY SRI. BENNY P.THOMAS, SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Shaji P. Chaly, J
This writ appeal is filed by the petitioner in W.P.(C). No.20394/2021, challenging the judgment of the learned Single Judge dated 05.10.2021, whereby, the following reliefs sought for in the writ petition were declined:
“i) call for the records relating to P1 to P8;
ii) issue a writ of mandamus or other appropriate writ or order or direction directing the respondent No.4 to issue experience certificate to the petitioner detailing the experience (certified in Exhibit P2) availed by him as mentioned in Exhibit P8 forthwith.”
Apparently, the appellant had participated in a test conducted by respondents 1 to 3, namely; The Staff Selection Commission, New Delhi, The Staff Selection Commission, State of Uttar Pradesh and the Staff Selection Commission, State 0f Tamil Nadu, and the appellant could succeed in the same and he is eligible to get employment, provided, according to the appellant, on submission of his experience certificate dealing with the experiences availed by him from the 4th respondent, Bharat Petroleum Corporation Limited,
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Kochi Refinery. The case projected by the appellant is that, respondents 2 and 3 have conveyed that, Ext.P2 experience certificate issued by M/s. Bharat Petroleum Corporation Limited would not serve the purpose, and as borne out from Ext.P3 communication dated 24.09.2021, issued by the Staff Selection Commission, Chennai, if a detailed experience certificate is submitted by 04.10.2021, the appellant would be considered for the post of JUNIOR ENGINEER [Q.A.(ARMAMENT – WEAPONS)]. It was also the case of the appellant that, as seen from Ext.P5 communication dated 06.09.2021, from the Assistant Director, the said certificate is to be submitted to the Staff Selection Commission, Chennai, forthwith. In the above backdrop, the appellant approached Bharat Petroleum Corporation Limited, for issuance of a fresh experience certificate, however, the same was rejected by the said organization, evident from Ext.P7. It is the case of the appellant that he requires an experience certificate as mentioned in Ext.P8, which will alone narrate the details of the experiences availed by him from the 4th respondent.
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Chief Manager, dismissed the writ petition.
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was an observer and learner under the apprentices training scheme and so, he could only be provided with a certificate of apprenticeship and not a certificate of experience.
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given to the appellant does not create any obligation at any time on either side in the matter of employment; and further that, M/s. Bharat Petroleum Corporation Limited is not liable to issue any experience certificate to the appellant, since, in terms of the Apprentices Act, 1961, the company is liable to issue only an apprenticeship certificate.
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experience certificate produced by the appellant, namely, Exhibit P2, issued by M/s Bharat Petroleum Corporation Limited. However on perusal of the contents of Ext.P3, it is clear that the requirement of the 3rd respondent was a Bachelor’s Degree in Science etc., with one year experience in Production or Development or Quality Assurance in the relevant field from a recognized organization or undertaking. It is quite clear and evident from Ext.P3 communication that, a mere undergoing of apprenticeship with the 4th respondent was not the requirement of the 3rd respondent, but in fact, the 3rd respondent wanted an experience certificate in the discipline mentioned above and the appellant has no case that the appellant had any experience in Production or Development or Quality Assurance with the 4th respondent. Merely because the appellant is issued with an apprenticeship certificate, that cannot be said to be an experience certificate, especially due to the fact that the certificate was issued by the company, on the basis of the Apprentices Act, 1961.
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relation to such apprentice. It is also clear from the contentions advanced by the company that the appellant was never permitted to work along with the workers and staff of the 4th respondent company. Therefore, we find force in the contention advanced by the learned Counsel for the Bharat Petroleum Corporation Limited that, since the appellant has not worked and gained experience with the 4th respondent, the company was not liable to issue any experience certificate to the appellant. Above all an apprentice can only be seen as a trainee taken by an establishment to learn any trade or profession from any experienced employee or employees of the establishment by seeing, observing etc., which may at the most be construed as a prelude towards gaining experience in future . However gaining experience from any trade or job means the experience acquired by oneself by really engaging in work physically in any specified discipline consequent to he or she being engaged or appointed so by an employer, which thus means, even some stray work done by an apprentice during his training cannot be viewed as an experience gained in any particular discipline.
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right in dismissing the writ petition and the appellant could not establish any case of jurisdictional error or other legal infirmities in the judgment of the learned Single Judge, enabling us to interfere in the judgment in an intra court appeal.
Needless to say, appeal fails and accordingly it is dismissed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY JUDGE
uu
08.10.2021
1 issue framed by the court
Whether an Apprentice Certificate qualifies as an Experience Certificate for recruitment purposes.
VISAKH V SOMAN
STAFF SELECTION COMMISSION
BHARAT PETROLEUM CORPORATION LIMITED
SMANIKUMAR
SHAJI P CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
