In The High Court of Judicature at Patna

(SPECIAL ORIGINAL JURISDICTION)

CIVIL WRIT PETITION NO. 21992 OF 2019

Ravi Kumar………………………………………………………………………..Petitioner

Versus
The Director, ………………………………………………………………….Respondent
Labour Resource Department Govt of Bihar

PAPER-BOOK
FOR INDEX KINDLY SEE INSIDE

FILED BY :
Mr. Ravi Kumar
( Village Level Entrepreneur )

( PETITIONER IN PERSON )
 The High Court of Judicature at Patna

MEMORANDUM OF WRIT PETITION

(Under Article 226/227 of the Constitution of India)

(SPECIAL ORIGINAL JURISDICTION)

CIVIL WRIT PETITION NO. 21992 OF 2019

IN THE MATTER OF :

Ravi Kumar …………………………………………………………… Petitioner

Versus,
The Director,
Labour Resource Department Govt of Bihar…………………….…..Respondent

Index
From The To The Total No of
S.No Particulars Pages Pages Pages

1. Court Fee 03 01
01
02

2. Urgent Application 03 04 01
01

3. Memo of Parties
Synopsis with list of dates 05 06
07 01
03

4. Synopsisofwith
Memo list of dates.
Parties. 07 08 03
01

Page No : 01
 Writ Petition along with
5. Affidavit 09 13 04
04
of the “Petitioner in Person”
Annexure P1 : True copy of 05
6. conducted Program Details
14 19
18 04

Annexure P2 : Certified
An Interaction
Copy
of the Apprenticeship
between the Petitioner Application
and the
7. & Contract Agreement
Responsible Authorities Approved by
during the 22 39 17

Concerned approving
Program/ Scheme authority
implementation
Annexure P3 : ( True Certified)
Paid Stipend
True Copy of Transaction
Recommendation Letter details
of andthe
8. 40 49 09
the issued
Ministry andcheck payments.
concerned authorities sent
to the responsible parties
Annexure P4 : True CopyCertified
of Payslipcopy
of
of the paid
stipend Apprenticeship Contract
to the apprenticeship
9. Agreement
50 56 06
candidates.validate by the concerned
approving authority
Annexure P5 : Quarterly Copy of calcul
trainee
-ation of Eligible
Attendance sheetAmount of Claim of
and Payslip
10. 57 64 07
need to paid
stipend reimbursed
to the (asapprenticeship
per act).
candidates.
Annexure P6 : True An copy of issued
Interaction
11. check
betweenpayment
petitionerwith Transaction
and respondent
65 77 12
history
for claimofreimbursement
the Employer’s Bank
Account
Annexure P7 : Complaint Total calculated
to the
12. Claim amounts
concerned bonded
Ministry andtoDept.
pay to the 78 -- --
Employer under the NAPS Scheme.

Page No: 02
 MEMORANDUM OF WRIT PETITION
(Under Article 226/227 of the Constitution of India)
(SPECIAL ORIGINAL JURISDICTION)

CIVIL WRIT PETITION NO. 21992 OF 2019

COURT FEE Paid : 1965.00

IN THE MATTER OF

Ravi Kumar ……………………..………………………………………….. Petitioner

Versus,

Director Employment & Training………………………………………… Respondent

Myself Mr. Ravi Kumar , in role of Petitioner in Person, has paid the total
9 .00 through
required Court fee (Including Documentation fee) of Rupees 1462
the online payment mode systems of the Supreme Court of India to valued this
Writ Petition Dairy No : 21992 of 2019.

Signature Of “Petitioner in Person”

Page No: 03
 The High Court of Judicature at Patna
MEMORANDUM OF WRIT PETITION
(Under Article 226/227 of the Constitution of India)

(SPECIAL ORIGINAL JURISDICTION)

CIVIL WRIT PETITION NO. 21992 OF 2019

Urgent Application
IN THE MATTER OF :

Ravi Kumar …………………………………………………………… Petitioner

Versus,
The Director,
Labour Resource Department Govt of Bihar…………………….…..Respondent

To,
The Deputy Registrar
Patna High Court of Bihar,
India

Sir,
Will be you kindly treat this accompanying his application as an urgent one in
accordance with the High Court Rules and Orders.

1. The grounds of urgency are :

Common Facilitation Center

Dhoraiya, Banka, Bihar 813224

Yours faithfully,

“Petitioner In Person”

Page No: 04
 SYNOPSIS AND LIST OF DATES

Dated On Events Actions

25-10-2018 The Petitioner filled a RTI Application no- There were nothing
DEGOT/R/2018/80438, date- 25-10- Information provided
2018 with the concerned central by the responsible
regulating Authority(Directorate General public
of Training) seeking information about authority(respondent).
the status of Petitioner’s Processing
under the scheme. But due to having the
distinct judiciary of Public Authority, the
Same RTI Application were transfer to
the concerned Public Authority (Bihar
Labour Resource Dept) u/s 6(3) of RTI
Act 2005, directing him to furnish the
required information to the applicant.

18-02-2019 The Petitioner Filled a Complaint No- The Authority

DOSKD/E/2019/00180, dated 18-02- Forwarded a Notice to
2019, with the Department of Public the concerned authority
Grievance against the responsible to make solve this
implementing authority(respondent) and issues and also inform
requested to please help in the to the concerned
reimbursement of NAPS claim to the administrating
petitioner. The Authority Forwarded a authority(Ministry of
Notice to the concerned authority to Skill Development and
make solve this issues and also inform to Entrepreneurship)
the concerned administrating about of the disposal of
authority(Ministry of Skill Development petition.
and Entrepreneurship) .

Page No : 05
21-02-2019 The Petitioner further filled a RTI The concerned PIO
Application No- BR201940970, dated 21- didn’t respond any way
02-2019, with the respective Public within the stipulated
Authority (Labour Resource Dept Govt of time period of 30- 45
Bihar) seeking for Information about of days.
delay in the reimbursement of
petitioner’s apprenticeship claim.

07-04-2019 The Petitioner filled an appeal no-

BR201941887, dates- 27-04-2019 with State The State Information
Information Commission upon no replay Commission didn’t respond
of the RTI Application from the
any way
responsible public authority,

16-04-2019 The Petitioner Filled a Second Appeal/ The CIC Sent a Second
Complaint having Diary No- 638177 /2019, Appeal on the address of
with the Central Information Commission the Secretary , Bihar
requesting to please forward this second appeal Information Commission 4th
to the Bihar State Information Commission on floor, Soochna Bhawan,
behalf of the Petitioner (Ravi Kumar) Bailey Road Patna- 800015

09-05-2019 The Petitioner had also Filled a Petition No- The Department didn’t take
999990109051965598, dated 09/05/2019 any action against the
with the concerned Departmental Authority subjected matter
(Labour Resource Department Govt of Bihar)
to kindly look into the matter of apprenticeship
claim has not been provided to an employer
against the apprentice candidates/ trainee that
has already completed the time duration of
apprenticeship training as per the contract
agreement of the apprenticeship training .

Page No: 06
 18-05-2019 The Petitioner again filled a RTI Application The PIO didn’t respond to
No- BR201942307, dated 18/05/2019 , with RTI application in any
the Bihar Labour Resource Public Authority way.
seeking for an information about of such delay
in the reimbursement of apprenticeship claim
to an Employer having NAPS Services
Identification No is: E07171000035

03-06-2019 The Petitioner again filled a complaint No- The Administrating

DOSKD/E/2019/00439, dated- 03-06-2019, authority forwarded the
with the Department of Public Grievance
subjected matter to the
against the responsible implementing
authority(respondent) has not provided
concerned State
the NAPS Claim even they had already Directorate to take a
been notified many times on the past necessary action against
event.
the subjected matter

12-06-2019 The Director (AT) Ishwar Singh NO Respond Taken

by The Responsible
Forwarded / Passed an Order
to the Director / SAA/ Director
State Apprenticeship Advisor/ Employment &
Training.
Director Employment Training
to Reimbursed the Total Claim No Response Taken
Amount to the Employer and by the Director of
also furnish such copy of NSDC to
Payment on the Name of reimbursement of
Establishment / Institution NAPS Claim Amount
to the Specified Esta.

Page No: 07
 MEMORANDUM OF WRIT PETITION
(Under Article 226/227 of the Constitution of India)
(SPECIAL ORIGINAL JURISDICTION)

CIVIL WRIT PETITION NO. 21992 OF 2019

MEMO OF PARTIES

IN THE MATTER OF :

Ravi Kumar Petitioner

S/o : Ashutosh Kr Singh,
Address: Vill- Gachiya, PO+PS- Dhoraiya, Dist- Banka, Bihar 813224

Versus
Director Employment and Training, Respondent 1
Department of Labour Resource Government of Bihar

Address : Income Tax circle, Jawaharlal Nehru

Marg, Kidwaipuri, Patna, Bihar 800001

&
The Director,
National Skill Development Corporation Respondent 2
New Delhi – 110037
&

Director General of Training, Respondent 3

Ministry of Skill Development & Entrepreneurship
Govt of India

Page No: 08
 The High Court of Judicature at Patna
MEMORANDUM OF WRIT PETITION
(Under Article 226/227 of the Constitution of India)
(SPECIAL ORIGINAL JURISDICTION)

CIVIL WRIT PETITION NO. 21992 OF 2019

IN THE MATTER OF

The petitioner respectfully submits as under :

Petitioner : Ravi Kumar

S/o : Ashutosh Kr Singh,
Vill- Gachiya, PO+PS- Dhoraiya, Dist- Banka, Bihar 813224

Respondent : To Director,
Labour Resource Department Govt of Bihar

Praying for issuance of a Writ of Mandamus, directing the respondents to reimburse the
Apprenticeship claim within a specified time period against all of those Contract has been
validated and been approved to admit in apprentice act 1961 under the aprenticeship rules
1992 , .

To,
Hon’ble The Chief Justice of India and His Lordship’s Companion Justices of the Supreme
Court of India.

The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHEWETH :

1. That the petitioner is filing the present writ petition by representing him as a
Petitioner in Person.

1. The Petitioner Mr Ravi Kumar, S/o Ashutosh Kumar singh, of 26 yrs old
having residential address- Vill- Gachia, Post- Dhoraiya, Dist- Banka, Bihar
- 813224, is running an Entity or Common Facilitation Center within a
most rural and backward area of the country.

Page No: 09
 2. That the petitioner has based the instant writ petition from authentic information
and documents obtained from various governments departments/portals/RTI
applications.

3. That the petition, if allowed, would benefit the citizens of this country generally as
rule of law is essential for democracy and such brazen violation of law by the
respondents can be stopped by the orders of this Hon’ble Court only.

Berif Fact

4. The petitioner in Writ Petition No. 21992 of 201 9 is an Individual running a MSME
Unit registered under the provisions of the MSME Act, 2006, & is also a Subsidiary
of the Company registered under the Company Act 1956, engaged in the Technical
and the Commercial Services Activities across the Country.

5. The Petitioner’s MSME Registration No is – BR05D0020234

6. The Petitioner (Ravi Kumar) has make their Establishment registered under a Central
Government scheme known as Nation Apprenticeship Promotion Scheme regulated by the
Director General of Training Govt of India, And that is to be Implimented by the concerned
State’s Nodal or Regional Approval Authorities (SAA/ RDAT) across the country.

As per the rules of this central schemes (NAPS), The petitioners in the role
7. Scheme Details :
of an Employer are required to provide opportunities of training under the
7. The
Act.Apprentices
And as soAct,on,1961
we was
areenacted with the
imparting objectivesince
training of regulating
the monththe program of training
of September
of
of apprentices
year 2017inonward,
the industrytobythat
utilizing the facilities
of only available
apprentices therein for
deputed byimparting on-the-
the respondent
job training. MinistryAdvisor)
(Apprenticeship of Skill Development and Entrepreneurship
under a special contract Act. is the administrative ministry
responsible for implementation of the Act.
The Administrating and Controlling Authority (Director General of Training)
8.8. The National Policy of Skill Development and Entrepreneurship 2015, launched by the
distribute an unique Employer ID to every Establishment registered under
Hon’ble Prime Minister on 15th July, 2015, focuses on apprenticeship as one of the key
the scheme for the online onboarding of Establishment throughout the
program for creating skilled manpower in India.The policy proposes to pro-actively work with
NCVT-MIS Systems.
industry including MSME sector to facilitate a tenfold increase in apprenticeship opportunities
in the country.
The Petitioner NCVT MIS ID is : E07171000035 (Ravi Kumar)
9. Apprenticeship Training consists of Basic Training and On-the-JobTraining/Practical Training
at workplace in the industry.2nd
The Petitioner NCVT
Apart from ID is training,
basic : E09171000039 (Ravi Kumar)
there is a component of on-the-job
training which is performed in the establishments and undertaken by the establishment itself.

Page No: 10
 TheApprentices
10. The Petitioner has
Act, already
1961 makes itcompleted
obligatory foreach and every
employers required
to engage procedures
apprentices in
to reimbursed their NAPS Claim amount for the training assignment period
designated trades and in optional trades. Directorate General of Training (DGT) under Ministry
of 2017 to 2018 and 2018 to May 2019, but they don't have been provided
of Skill Development & Entrepreneurship monitors the implementation of the scheme of
any Claim amount by the respondent since registration of petitioner under
apprenticeship training. For CPSUs and establishment operating business in 4 or more States, it
the NAPS Scheme.
is done through six Regional Directorates of Apprenticeship Training. State Apprenticeship
Advisers monitor the Scheme in State Government Undertakings and Private Establishments.

Components of the Scheme

11. It is mandated to concerned implementing Authority for Sharing of 25% of prescribed stipend
subject to a maximum of Rs. 1500/- per month per apprentice with the employers.

12. And , Sharing of cost of basic training with Basic Training Providers (BTP).

13. Sharing of basic training cost in respect of apprentices who come directly to apprenticeship
training without any formal trade training. Basic training cost will be limited to Rs. 7500/- for a
maximum of 500 hours/3 months.

14. Here, In respect of this Petitioner in- role of an Employer :

I. The State Apprenticeship Advisor is the Nodal Approving Authority responsible for
the Implimation of Schemes within the State of Bihar

II. The State Apprenticeship Advisor in the State of Bihar has been constituted under
the control of the Department of Labour Resource Govt of Bihar And the Director
Employment Training is Designated as the State Apprenticeship Advisor .

III. The Director , Labour Resource Dept Govt of Bihar is the Primary Respondent in
respect of the Petitioner .

15. As per the rules of this central schemes (NAPS), The petitioners in the role of an
Employer are required to provide opportunities of training under the Act. They are
15. The Petitioner had requested the concerned responsible authority (Respondent)
imparting training to the apprentices deputed by the respondent (Apprenticeship
many times to kindly reimburse the Eligible claim amount of the Employer
Advisor).
under NAPS Scheme, but they (respondent) never respond any way.

Page No: 11
 ThePetitioner
16. The Petitioner filled
(Mr Ravithe RTI is
Kumar) Application
engaging anwith theApprentice
illegible responsible public authority
candidates from
two
the or three
Time periodtimes seeking2017
of September, for an information about of the reimbursement of
onward.
NAPS Claim of the employer(Petitioner). But the designated officer under RTI
Act Apprentice
17. Each never reply to any RTITrainee
candidates/ Application.
has been engaged under a specific terms of
contracts approved by the State Apprenticeship Advisor
( Details of designated
such RTI Application as the “Director
is described on Annexure P3 )

Employment Training” under the Department of Labour Resource Government of

Bihar.
17. The Respondent had also been notified many times by the concerned Ministry
and the administrative authority to take an immediate action against such
subjected matter,
18. Each and every butprocedures
required the respondent did not take
to reimbursement ofcare
GovtofShare
theirofresponsibilities
Stipend
(25% or maximum of Rs. 1500/apprentice per month)
( True certified orofreimbursement
Letter copy of on Annexure P3 )
the Ministry is attached

Apprenticeship Claim for time period of 2017 – 2018 and 2018 to till dated, has
already been completed by the Petitioner and had also been submitted to the
18. Right to constitutional remedies :
respective Implementing authority (Bihar State Apprenticeship Advisor/ Director
Employment Training) to reimburse the employer (petitioner) claim, but the
a) Violation of the Right to Information Act 2005.
Petitioner still have not yet provided their NAPS claim.
b) Violation of the Contract Labour Act under which
an Employer is Protected.

PRAYER :
It is, therefore, most respectfully prayed that this Hon’ble Court may
graciously be pleased to:

1) Issue a writ of Mandamus or any other appropriate writ or order

directing the Respondents to reimbursed the total NAPS claim amount to the
Employer for the time period of 2017 - 2018 and 2018 – till now.

2) Kindly issue a writ or order or direction to the Respondents to reimburse the total
applicable claim amount within a specified time duration granted by the Hon'ble
Court.

Page No: 12
 3) To pass such other orders and further orders as may be deemed necessary
on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALLAS INDUTY

BOUND, EVER PRAY

DRAWN & FILED BY

Petitioner-in-person

Page No: 13
 Apprenticeship Program Details
BACKGROUND 1.
1 The Apprentices Act, 1961 was enacted with the objective of regulating the
program of training of apprentices in the industry by utilizing the facilities
available therein for imparting on-the-job training. Ministry of Skill Development
and Entrepreneurship is the administrative ministry responsible for implementation
of the Act.
Apprenticeship Training consists of Basic Training and On-the-
JobTraining/Practical Training at workplace in the industry. The basic
training is an essential component of apprenticeship training for those who
have not undergone any institutional training/skill training before taking up
on-the-job-training/practical training. It accounts for 20-25% of overall
duration of Apprenticeship Training. Apart from basic training, there is a
component of on-the-job training which is performed in the establishments
and undertaken by the establishment itself.

The Apprentices Act, 1961 makes it obligatory for employers to engage

apprentices in designated trades and in optional trades. Directorate General
of Training (DGT) under Ministry of Skill Development &
Entrepreneurship monitors the implementation of the scheme of
apprenticeship training. For CPSUs and establishment operating business in
4 or more States, it is done through six Regional Directorates of
Apprenticeship Training. State Apprenticeship Advisers monitor the
Scheme in State Government Undertakings and Private Establishments.

Page No: 14
Apprenticeship training provides for an industry-led, practice-oriented,
effective and efficient mode of formal training and as such strengthening of
apprenticeship training needs to be given a high priority.

Although On-the-Job-Training/Practical Training facilities are available

with the employers but they are not able to engage apprentices as they do
not have basic training facilities. Employers are not interested to outsource
apprentices for basic training to other training providers, as they have to
bear the basic training cost to be paid to the basic training providers and the
stipend payable to apprentices during the basic training period.

Keeping in view the importance of Apprenticeship Training, the scheme for

“Promoting Apprenticeship Training” was placed before the Cabinet for its
approval and the Cabinet approved “National Apprenticeship Promotion
Scheme”.

The scheme is for

(i) Sharing of 25% of prescribed stipend subject to a maximum of
Rs. 1500/- per month per apprentice to all apprentices with the
employers.
(ii) (ii) Sharing of cost of basic training with Basic Training
Providers (BTP).
The scheme has the following two components:
(i) Sharing of 25% of prescribed stipend subject to a maximum of
Rs. 1500/- per month per apprentice with the employers. The
stipend support would not be given during the basic training
period for fresher apprentices.
Page No: 15
(ii) Sharing of basic training cost in respect of apprentices who come
directly to apprenticeship training without any formal trade
training. Basic training cost will be limited to Rs. 7500/- for a
maximum of 500 hours/3 months.

Implementing Agencies:

Regional Directorates of Apprenticeship Training (RDATs) under the

control of Directorate General of Training will act as implementing
agencies in their regions for Central Public Sector Undertaking and
establishments operating their business in 4 or more States.

State Apprenticeship Advisers (SAA) will act as implementing agencies

for state public sector and private establishments under their jurisdiction.

Online portal would be used for administering the implementation of the

Apprenticeship Training. It will address the requirements of all key
stakeholders.

Involvement of States/UTs:

As per the Apprentices Act, monitoring of apprenticeship training in

State Public Sector Undertakings and Private Sector Establishments is
done by the respective State Governments.
Generally, it has been seen that State Governments do not play an active
role in promoting apprenticeship training so it has been decided to
involve the states in implementing the new scheme. State Apprenticeship
Page No: 16
Council will be entrusted to setup an Apprenticeship Cell in each State
and their responsibilities will include monitoring the implementation of
this scheme.

Facilitators/Promoters in the system are essential for mobilizing the

apprentices. Since this scheme involves multiple stakeholders, the role of
facilitators becomes important. Facilitators can also create awareness
among the employers which is generally lacking in our country. The
facilitators can also play a major role in coordinating between basic
training providers and the employers for on-the-job training.

Eligibility of Employer:

Employer is any person/entity who has business in any trade or

occupation.
The employers interested to avail the benefits of the scheme must fulfill
the following: 
(i) Employer shall engage apprentices in a band of 2.5% to 10%
of the total strength of the establishment.
(ii) Employers must have EPFO/ESIC/Factory/ Cooperative/
MSME registration number.
(iii) Employers must have TIN/TAN number.
(iv) Employers must register on the apprenticeship portal.
(v) Employers must have an Aadhaar linked bank account.

Page No: 17
Payment of reimbursement claims towards stipend to the Employers

(i) Payment of full rate of prescribed stipend, including Government of

India’s share shall be paid to apprentices by the establishment
through the Aadhaar linked bank accounts of apprentices. For this
purpose, the employers are required to seek bank details from the
apprentices. Paid : 1965.00

(ii) Establishments are required to upload a proof for payment of full

amount of stipend to the apprentice alongwith the attendance
particulars. Government of India’s share will be reimbursed on a
quarterly basis by the respective RDAT or SAA.
(iii) Concerned RDATs/States will verify the information uploaded by
the establishment and on confirmation of the training conducted
and full amount of stipend paid, they will reimburse the payment to
establishments’ bank account within 10 days from the receipt of
claims from the employers.

Monitoring is required to ascertain the status of implementation of the

scheme. Therefore, it is expected that 5% to 10% of the total beneficiary
establishments under the scheme would be subject to actual physical
verification every year. They will be selected on a computerized random
basis.

Thanking You

Page No: 18
Paid : 1965.00