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Offer and Acceptance of Employment

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


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