Court : Andhra Pradesh
Reported in : (1986)IILLJ278AP
..... the petitioners argue that the employment exchanges (compulsory notification of vacancies) act of 1959 does not authorise the state authorities to deny or restrict the employer of his freedom to choose his employees from anywhere in the open market and that consequently the above mentioned orders of the government issued in g.o.ms. no. ..... on the first question, we hold that the employment exchanges (compulsory notification of vacancies) act of 1959 does not take away the liberty of the employer either in the public sector or in the private sector to choose his own method of recruitment and to appoint to his services persons other than those drawn from the employment exchange. ..... the employment exchange (compulsory notification of vacancies) act, 1959 which was enacted by out parliement in the year 1959 is a short statute spread over just ten sections. ..... this is made abundantly clear even during debates by the them labour minister while piloting the employment exchanges (compulsory notification of vacancies) bill, 1959 which has become an act 31/1959'. ..... i would however add the following : on the first question i agree that the act was intended to provide only for the compulsory notification of vacancies by the employers to the employment exchange concerned. ..... the self-description of the act by its title as an act to provide for the compulsory notification of vacancies to employment exchanges. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1227; JT1987(2)SC182; 1987LabIC915; (1987)ILLJ545SC; 1987(1)SCALE753; (1987)3SCC308; [1987]2SCR910; 1988(1)SLJ59(SC); 1987(2)LC41(SC)
..... the question raised in these appeals is whether an 'establishment in the public sector' or an 'establishment in the private sector' as defined in the employment exchanges (compulsory notification of vacancies) act, 1959 may make appointments to posts to which the act applies, of persons not sponsored by the employment exchanges? ..... we may refer to the provisions of the employment exchanges (compulsory notification of vacancies) act, 1959 without further ado. ..... the learned additional solicitor general appearing for the union of india argued that the object and the scheme of the employment exchanges (compulsory notification of vacancies) act and the instructions issued by the government of india from time to time left no option to the employers but to confine their field of choice to candidates sponsored by the employment exchanges. ..... the learned additional solicitor general invited our attention to the speech of the minister of labour and employment and planning (shri nanda) made at the time of the introduction of the employment exchanges (compulsory notification of vacancies) bill. ..... the preamble says 'an act to provide for the compulsory notification of vacancies to employment exchanges. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD225; 2003(4)ALT222; (2003)IIILLJ937AP
..... contained under the codified circular of the bank relating to the staff, the recruitment of subordinate staff, whenever needed, is being made in consonance with the government directives, as also the provisions obtaining under section 4 of the employment exchanges (compulsory notification of vacancies) act, 1959 (for short 'the act') after notifying the vacancies to the employment exchanges. 8. ..... from a brief survey of the various authorities referred to hereinabove, the following principles emerge: 1) the employment exchanges (compulsory notification of vacancies) act, 1959 does not take away the right of the employer in the public sector to choose its own method of recruitment and to appoint to its service persons other than those drawn from the employment exchange. ..... superintendent, excise department, 1984 (2) alt 79 this court speaking through jeevan reddy, j (as he then was) had an occasion to examine the scheme and the organisation of employment exchanges, as also the provisions of the employment exchanges (compulsory notification of vacancies) act, 1959. ..... the question is not whether the post is covered by the provisions of the employment exchange act or the applicability of the act but, whether the body which is state within the meaning of article 12 is following the procedure consistent with the mandate of articles 14 and 16........it is open to an employer which is a state to invite applications from the public even where notification of vacancy is mandatory. .....
Tag this Judgment!Court : Chennai
Reported in : (2002)IILLJ1006Mad
..... in the light of what is stated above, in view of the fact that sugar industry being a 'seasonal industry', the government can very well prescribe more conditions in addition to the provisions of the employment exchange (compulsory notification of vacancies) act, 1959, and also of the fact that all the 33 workmen do not fulfil both the conditions, we are of the view that their claim for regularisation was rightly negatived by the, labour court as well as the learned ..... sri vaidyanathan, learned counsel for the union, after drawing our attention to section 4 of the employment exchanges (compulsory notification of vacancies) act, 1959, as well as the decision rendered by one of us (p.s.j. ..... k.b.n visweshwara rao reported in : with reference to section 4(1) of the employment exchanges (compulsory notification of vacancies) act, 1959, restricting the selection only to the candidates sponsored by employment exchange. ..... sri vaidyanathan, learned counsel for the appellant-union, after taking us through the relevant provisions of the employment exchange (compulsory notification of vacancies) act, 1959, would contend that since the employees in question are class 4 employees, there is no obligation on the part of the management to go to employment exchange. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(2)ALD131
..... governing the appointment in g.o.ms.no.524, dated 20-12-88, the first respondent failed to see that the appointing authority has to notify the vacancy to the employment exchange under the provisions of the employment exchange (compulsory notification of vacancies) act, 1959, the respondents have also categorically admitted the fact that the private establishment, whose cadre strength is more than twenty five alone has to notify the vacancies under the act. ..... (5) even though-.the provisions of the employment exchange (compulsory notification of vacancies) act, 1959 cannot be made applicable to the fourth respondent institution, the fourth respondent institution ..... , as it is covered by the judgement of the supreme court as well as the employment exchange (compulsory notification of vacancies) act, 1959. ..... act, a legislation passed by the state legislature under item no.25 of iist no.m in the vii schedule to the constitution, while the act governing the notification of the vacancies to the employment exchange was enacted by the parliamentunder entry-23 in list-ill of vii schedule and rule 15(2xb) of g.o.ms.no.524 runs counter to the scheme of the act ..... it is the case of the management that a letter was addressed to the employment exchange on 28-12-1991 and having waited for sufficient time issued paper notification on 06-02-1992 pursuant to which the selections were held and the petitioner was selected for appointment the reasons given for upholding the appointment of the petitioners 1 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(4)SC577; (2009)5MLJ39(SC); 2009(4)SCALE282; (2009)5SCC65; 2009(2)SLJ392(SC); 2009(4)LC1651(SC)
..... for ensuring that equality of opportunity in matters relating to employment becomes a reality for all, parliament enacted the employment exchanges (compulsory notification of vacancies) act, 1959 (for short `the 1959 act'). ..... above noted three judgments is that in terms of section 4 of the 1959 act, every public employer is duty bound to notify the vacancies to the concerned employment exchange so as to enable it to sponsor the names of eligible candidates and also advertise the same in the newspapers having wider circulation, employment news bulletins, get announcement made on radio and television and consider all eligible candidates whose names may be forwarded by the concerned employment exchange and/or who may apply pursuant to the advertisement published in the ..... section 4 of that act casts a duty on the employer in every establishment in public sector in the state or a part thereof to notify every vacancy to the employment exchange before filling up the same. ..... the high court of andhra pradesh had ruled that the provisions of 1959 act are not applicable to government establishment; that the act does not cast duty either on the public sector establishment or on the private sector establishment to make the appointments from among candidates sponsored by the employment exchanges only, and that instructions issued by the government of india that candidates sponsored by the employment exchanges alone should be appointed are contrary to articles 14 and 16. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT448
..... . going by the provisions of the employment exchanges (compulsory notification of vacancies) act, 1959, (act 31 of 1959) after the commencement of the act, the employer in every establishment in public sector in the state shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed ..... . the employment exchanges (compulsory notification of vacancies) act, 1959 was enacted by the parliament to provide for the compulsory notification of vacancies to employment exchanges ..... . counsel referred to the provisions in the employment exchanges (compulsory notification of vacancies) act, 1959 ..... . section 4(4) stipulates that nothing contained in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those subsections ..... . section 4 as such does not cast any obligation on the employer to recruit any person merely because the vacancy is sponsored by the employment exchange ..... . better view appears to be that it should be mandatory for the requisitioning authority/establishment to intimate the employment exchange, and employment exchange should sponsor the names of the candidates to the requisitioning departments for selection strictly according to seniority and reservation, as per requisition .....
Tag this Judgment!Court : Chennai
Reported in : 2004(4)CTC496
..... he would also submit that in any case, the provisions of section 3(1)(d) of the employment exchanges (compulsory notification of vacancies) act, 1959 are not applicable to the appointment of unskilled worker. ..... when once such conclusion is arrived, the impugned letter dated 17.6.96 directing the services of the petitioner to be terminated on the ground that his appointment was made without reference to the provisions of the employment exchanges (compulsory notification of vacancies) act, 1959 is also held to be unsustainable in the eye of law. 7. ..... that apart, there is one more aspect in this matter as to the applicability of even section 3(1)(d) of the employment exchanges (compulsory notification of vacancies) act, 1959 to the case of the petitioner. ..... issuance of memo by calling upon the petitioner to explain as to why his services should not be terminated on the ground that he was appointed without reference to the employment exchange by placing the government order is totally outside the jurisdiction of either the first respondent or the state government. ..... factually, the name of the petitioner was not sponsored through employment exchange and he was recruited directly by the third respondent society. ..... for the said reason also, the impugned letter dated 17.6.96 directing the services of the petitioner to be terminated on the ground that he was not appointed through employment exchange is unsustainable. 8. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2319; (2006)6CompLJ310(SC); [2006(110)FLR211]; [2006(4)JCR25(SC)]; (2006)IILLJ1113SC; (2006)3MLJ90(SC); 2006(6)SCALE101; (2006)5SCC493; 2007(1)SLJ151(SC)
..... the employment exchange was not intimated about the vacancy in terms of the provisions of employment exchange (compulsory notification of vacancies) act, 1959 (for short 'the 1959 act'). ..... was issued in a newspaper nor the employment exchange was notified as regard existence of vacancies. ..... for class iv employees, the employment exchanges were not required to be notified in view of section 3(1)(d) of the 1959 act. ..... 1.5 of the said rules, recruitment of various posts were to be made inter alia from the following sources:(a) employment exchange as per the provisions of the 1959 act. ..... a post under the state or union cannot be made without issuing advertisement in the prescribed manner which may in some cases include inviting applications from the employment exchange where eligible candidates get their names registered. ..... dispute that the respondents herein were appointed without any advertisements and without any intimation to the employment exchange. ..... act not to apply in relation to certain vacancies - (1) this act shall not apply in relation to vacancies -(a) ***(b) ***(c) ***(d) in any employment to do unskilled office work;....such a plea does not appear to have been raised ..... large what emerges is that regular recruitment should be insisted upon, only in a contingency an ad hoc appointment can be made in a permanent vacancy, but the same should soon be followed by a regular recruitment and that appointments to non-available posts should not be taken note of for ..... of the 1959 act reads as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT586
..... the contention that the post of attender will not come under the purview of employment exchanges (compulsory notification of vacancies) act, 1959, does not hold good, so long as the management prescribes particular procedure for selection and filling the posts notified ..... the post of attender falls within the purview of the employment exchanges (compulsory notification of vacancies) act, 1959 or not, is not material. ..... had the 1st respondent notified the vacancies to the district employment exchange, the petitioner would have received call letter for interview for the above post ..... 1st respondent notified about 100 vacancies of attenders to the sub-employment exchange, tirupathi, chittoor district, for sponsoring eligible candidates without notifying the same to the district employment exchange, chittoor district. ..... this writ petition is filed for issuance of a writ of mandamus declaring the action of the respondents in insisting to consider the claims of only those candidates who are sponsored by the employment exchange to the post of attender, as arbitrary, illegal and violative of articles 14 and 16 of the constitution of india and consequently directing the respondents to consider the claim of the petitioner for the said post ..... when candidates are sponsored through the employment exchange, it cannot be said that this court has power to direct the authorities to deviate from the procedure ..... to the petitioner he registered his name with the employment exchange after passing tenth class. .....
Tag this Judgment!