Judgment Search Results Home > Cases Phrase: employment exchanges compulsory notification of vacancies act 1959 Court: delhi Page 1 of about 28 results (0.117 seconds)

Prem Kumar and ors., Vs. Union of India

Court : Delhi

Reported in : 2002IIAD(Delhi)344; 96(2002)DLT89A; 2002(61)DRJ880A

..... it had been contended that even the employment exchange had not been notified asregard existence of he vacancies in terms of the provisions of the employment exchange(compulsory notification of vacancies act), 1959 nor even an advertisement was issuednotifying the vacancies in the newspapers, as a result whereof, the respondent which is apublic sector undertaking, was deprived of selecting the ..... recruitment rulesis as follows.1.5.1 sources of recritment recruitment to various pots will normally be madefrom the following sources:- (a) employment exchange as per the provisions of theemployment exchange (compulsory notification ofvacancies) act, 1959. ..... case of the writ petitioners that prior to their appointment, anyadvertisement had been issued in the newspaper or the employment exchange wasnotified as regards the existence of vacancies. ..... a well settled principle of law that when an employer.frames any recruitment rules, it is bound to comply ..... in anyevent, the respondents would contend that when regular vacancies arose, all theemployees who had requisite qualifications, took their chance of being appointed andonly when they were unsuccessful, they ..... the court in suchmatters is to ensure the rule of law and to see thatthe executive act fairly and gives a fair deal to itsemployees consistent with the requirements ofarticles 14 and 16. 18 ..... 'state within the meaning of article 12 of theconstitution of india and, thus, the learned counsel would contend, should act like amodel employer. .....

Mohd. Shamshi Vs. Airports Authority of India and anr.

Court : Delhi

..... also the posts which were filled were not circulated in terms of section 4 of the employment exchange (compulsory notification of vacancies) act, 1959. ..... regarding the petitioner, it was admitted that though he has the essential educational qualifications, however in terms of the rules, the post had to be advertised and reference had to be sought from the employment exchange, prior to the appointments made by the respondent, which was not duly complied with. ..... respondents would make available 50% of the vacancies for the petitioners and others whose services have been terminated, subject to their qualifying the objective written/trade test. ..... as regards weightage for experience and knowledge peculiar to the respondent organization, the same stands provided by provision of 50% of the vacancies being made available to them." 10. ..... 50% vacancies to be filled based on the merit amongst the petitioners and others, whose services were terminated subject to their qualifying the written objective and trade test being selected in interview. 5. .....

Shamsher Singh and ors. Vs. Uoi and ors.

Court : Delhi

..... also the posts which were filled were not circulated in terms of section 4 of the employment exchange (compulsory notification of vacancies) act, 1959. ..... as per the learned counsel the rules required that the posts had to be advertised and reference had to be sought from the employment exchange, prior to the appointments made by the respondent, which was not duly complied with. ..... respondents would make available 50% of the vacancies for the petitioners and others whose services have been terminated, subject to their qualifying the objective written/trade test. ..... as regards weightage for experience and knowledge peculiar to the respondent organization, the same stands provided by provision of 50% of the vacancies being made available to them." 9. ..... 50% vacancies to be filled based on the merit amongst the petitioners and others, whose services were terminated subject to their qualifying the written objective and trade test being selected in interview. 5. .....

Bharat Gupta Vs. Uoi and ors.

Court : Delhi

..... the posts which were filled were not circulated in terms of the employment exchange (compulsory notification of vacancies) act, 1959. ..... the post of office attendant was a group-d post and in terms of section 4 of the said act, the post had to be circulated through employment exchange which was not done. ..... respondents would make available 50% of the vacancies for the petitioners and others whose services have been terminated, subject to their qualifying the objective written/trade test. ..... as regards weightage for experience and knowledge peculiar to the respondent organization, the same stands provided by provision of 50% of the vacancies being made available to them." 10. ..... 50% vacancies to be filled based on the merit amongst the petitioners and others, whose services were terminated subject to their qualifying the written objective and trade test being selected in interview. 5. .....

A.K. Bansal Vs. Municipal Corporation of Delhi and ors.

Court : Delhi

Reported in : 1994(30)DRJ508

..... the employment exchanges (compulsory notification of vacancies) act, 1959 was enacted with a view .to require the employers, on a compulsory basis, to notify to employment exchanges all vacancies subject to certain exceptions) section 4(1) of the act requires the employer in every establishment in public sector, before filling up any vacancy in any employment in that establishment, to notify that vacancy to the prescribed employment exchange. ..... this apart section 4(4) of the employment exchanges (compulsory notification of vacancies) act, 1959 permits the selection of candidates not sponsored by the employment exchange. ..... the notification seems to have been displayed on the notice board of the 1st respondent and circulated only amongst its employees working in the general wing; further, vacancies were notified to the employment exchange, requesting the latter to sponsor the candidates. ..... 50% of the marks were allocated for viva voce test, while the remaining were distributed for qualification (33-1/3%) and professional experience (16-2/3%); (iii) evaluation of the candidates is attacked as arbitrary to help a few favored candidates and (iv) the notification inviting the application was not advertised, but was sent only to the employment exchange and circulated in the general wing of the corporation; this resulted in the denial of opportunity to other eligible candidates to apply. .....

Shri Krishan Vs. Union of India and Others

Court : Delhi

..... reliance is further placed on section 4(4) of the employment exchanges (compulsory notification of vacancies) act, 1959 to contend that there is no obligation to fill any vacancy through the employment exchange only. 9. ..... in doing so, the appointing authority shall pay due regard to, and where necessary, comply with the provision of the employment exchange (compulsory notification of vacancies) act, 1959. 9. ..... the employment exchanges act was enacted to provide for compulsory notification of vacancies to employment exchanges and section 4 thereof mandates the employer in any establishment in public sector to, before filling up any vacancy or any employment, notify the same to the employment exchanges. ..... -law 9 is indicative of it being left to the discretion of the selection committee to make the recommendations for appointment either from all the categories mentioned therein or from any of them (one of which is recommendees of employment exchange) but a harmonious reading of bye-laws 7.2 and 9 shows that the selection committee could not have ignored the recommendees of the employment exchange, regard whereto and compliance of provisions whereof if necessary has been made compulsory under service bye-law 7.2. 21. ..... bye-law 7.2 (supra) leaves the method in which the vacancies are to be filled up, to be determined by the appointing authority; however in doing so, the appointing authority is to have regard to and where necessary comply with the provisions of the employment exchange act. .....

Chander Pal Vs. N.C.T. of Delhi and ors.

Court : Delhi

Reported in : 2003(66)DRJ804

..... ' 2.4 the parliament enacted the employment exchange (compulsory notification of vacancies) act, 1959 (in short, 'the employment exchange act').it is not in dispute that the provisions of the said act would apply to recruitment in delhi police having regard to the provisions contained in section 3 thereof.section 4 of the employment exchange act is in the following terms:-'4. ..... (2) the appropriate government may, by notification in the official gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition. ..... notification of vacancies to employment exchanges. ..... -- (1) after the commencement of this act in any state or area thereof, the employer in every establishment in public sector in that state or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed. ..... (4) nothing 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 sub-sections. .....

Kumar Mayank vs.delhi Technological University & Anr

Court : Delhi

..... the above noted judgments and orders encouraged the political set up and bureaucracy to violate the soul of article 14 and 16 as also the provisions contained in the employment exchanges (compulsory notification of vacancies) act, 1959 with impunity and the spoil system which prevailed in the united state of america in sixteenth and seventeenth century got firm foothold in this country. ..... the employment exchanges (compulsory notification of vacancies) act, 1959 was enacted to ensure equal opportunity for employment seekers. ..... even if the names of candidates are requisitioned from employment exchange, in addition thereto it is mandatory on the part of the employer to invite applications from all eligible candidates from the open market by advertising the vacancies in newspapers having wide circulation or by announcement in radio and television as merely calling the names from the employment exchange does not meet the requirement of the said article of the constitution. ..... although there is an employment exchange act which requires recruitment on the basis of registration in the employment exchange, it has become a common practice to ignore the employment exchange and the persons registered in the employment exchanges, and to employ and get employed directly those who are either not registered with the employment exchange or who though registered are lower in the long waiting list in the employment register. .....

Anil Lamba & Ors. Vs. Govt. Of Nct & Ors.

Court : Delhi

..... the above noted judgments and orders encouraged the political set up and bureaucracy to violate the soul of article 14 and 16 as also the provisions contained in the employment exchanges (compulsory notification of vacancies) act, 1959 with impunity and the spoil system which prevailed in the united state of america in sixteenth and seventeenth century got firm foothold in this country. ..... the employment exchanges (compulsory notification of vacancies) act, 1959 was enacted to ensure equal opportunity for employment seekers. ..... though this act may not oblige an employer to employ only those persons who have been sponsored by employment exchanges, it places an obligation on the employer to notify the vacancies that may arise in the various departments and for filling up of those vacancies, based on a procedure. ..... even if the names of candidates are requisitioned from employment exchange, in addition thereto it is mandatory on the part of the employer to invite applications from all eligible candidates from the open market by advertising the vacancies in newspapers having wide circulation or by announcement in radio and television as merely calling the names from the employment exchange does not meet the requirement of the said article of the constitution. .....

Mrs. Seema Bansal vs.university of Delhi & Ors.

Court : Delhi

..... the above noted judgments and orders encouraged the political set up and bureaucracy to violate the soul of article 14 and 16 as also the provisions contained in the employment exchanges (compulsory notification of vacancies) act, 1959 with impunity and the spoil system which prevailed in the united state of america in sixteenth and seventeenth century got firm foothold in this country. ..... the employment exchanges (compulsory notification of vacancies) act, 1959 was enacted to ensure equal opportunity for employment seekers. ..... though this act may not oblige an employer to employ only those persons who have been sponsored by employment exchanges, it places an obligation on the employer to notify the vacancies that may arise in the various departments and for filling up of those vacancies, based on a procedure. ..... even if the names of candidates are requisitioned from employment exchange, in addition thereto it is mandatory on the part of the employer to invite applications from all eligible candidates from the open market by advertising the vacancies in newspapers having wide circulation or by announcement in radio and television as merely calling the names from the employment exchange does not meet the requirement of the said article of the constitution. .....