IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.03.2017 CORAM THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.No.23750 of 2016 and W.M.P.Nos.20343 & 20344/2016 and 6507/2017 Private ITI (Industrial Training Institute) Welfare Association (Regn No. 140/2015) Rep by its President No.260/3-2, Tiruchendur Road V.M.Chathiram Tiruvelveli – 627 011 .. Petitioner -vs.-
1. The Director of Employment & Training Guindy Chennai – 600 032.
2. The Regional Joint Director (Training) Tirunelveli Region Tirunelveli
3. The Principal Government ITI Pettai, Tirunelveli .. Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus directing the respondents to display the names of the members of the petitioner association indicating all the affiliated trades of NCVT course in the list of eligible Private Industrial Institutes during District Wise Counseling and consequently to reimburse the annual training cost payable in terms of GO.Ms.115, Labour & Employment Department, dated 19.07.2012.
[Prayer amended as per order dated 15.03.2017 by NKKJ in WMP.No.6506/2017 in W.P.No.23750/2016] For Petitioner : Mr.S.Kamadevan For Respondents : Mr.P.Sanjay Gandhi, A.G.P., ORDER The petitioner has come up with the present writ petition seeking for issuance of Writ of Mandamus directing the respondents to display the names of the members of the petitioner association indicating all the affiliated trades of NCVT course in the list of eligible Private Industrial Institutes during District Wise Counseling and consequently, to reimburse the annual training cost payable in terms of GO.Ms.115, Labour & Employment Department, dated 19.07.2012.
2. The petitioner is a welfare association of Private Industrial Training Institutes run in the Tirunelveli District. Totally, 15 institutions are members of the petitioner association. The grievance of the petitioner is that though they come under the single window system offering 50% of the seats through the said system, the names of the members of the petitioner association indicating all the affiliated trades of NCVT course were not displayed as per GO.Ms.115, Labour & Employment Department, dated 19.07.2012.
3. Heard Mr.S.Kamadevan, learned counsel appearing for the petitioner and Mr.P.Sanjay Gandhi, learned Additional Government Pleader appearing for the respondents 1 to 3.
4. When there is a specific G.O covering the field, the same has to be implemented in letter and spirit. As per GO.Ms.115, Labour & Employment Department, dated 19.07.2012, the name of the institutions and the details of all the affiliated trades of NCVT course have to be displayed during the counseling process. But the names of the members of the petitioner association were not displayed. Thus, the grievance of the petitioner cannot be ignored as the respondents are duty bound to follow the terms of GO.Ms.115, Labour & Employment Department, dated 19.07.2012. Further, as per the very same G.O, the respondents are bound to reimburse the training cost at the rate of Rs.10,000/- per trainee per year in rural areas and Rs.12,000/- per trainee per year in urban areas.
5. Accordingly, the respondents are directed to display the names of the members of the petitioner association indicating all the affiliated trades of NCVT course in the list of eligible Private Industrial Institutes during District Wise Counseling and consequently to reimburse the annual training cost at the rate of Rs.10,000/- per trainee per year in rural areas and Rs.12,000/- per trainee per year in urban areas in terms of GO.Ms.115, Labour & Employment Department, dated 19.07.2012.
6. In fine, the writ petition stands allowed. Consequently, connected miscellaneous petitions are closed. No costs.
22.03.2017
Index:Yes/No Internet:Yes/No pgp To
1. The Director of Employment & Training Guindy Chennai – 600 032.
2. The Regional Joint Director (Training) Tirunelveli Region Tirunelveli
3. The Principal Government ITI Pettai, Tirunelveli N.KIRUBAKARAN, J pgp W.P.No.23750 of 2016 Dated : 22.03.2017 http://www.judis.nic.in