1980 (2) TMI 284

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.... Sub-Division soil conservation Officer, Bhavnagar from December 12, 1965 to February 6,1968. While still in service as a Tracer, he applied on January 19, 1969 to the Railway Authorities, Bhavnagar for receiving training as an apprentice Electrical Signal Maintainer. His application was accepted by the Divisional Assistant Singal and Tele-communication Engineer. The accused obtained earned leave ....

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....nvicted under the said section and sentenced to pay a fine of Rs. 60/-. The Sessions Judge dismissed his appeal. 3. On revision, the Gujarat High Court set aside the conviction and acquitted the respondent by a judgment, dated July 27, 1973. Hence, this appeal by the State of Gujarat. 4. The only question that falls to be considered in this appeal is whether the engagement of the appellant a....

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.... be employed by the railway Administration. The mere fact that he was paid a stipend during the training period as an Apprentice, did not make a him an employee of the Railway Administration. Indeed Clause 17 of the agreement (Ext. 69) stated in clear terms that the Railway Administration did not bind itself to employ him on the completion of the training. In its narrow sense, the act of the accus....