FAQ on Employment Exchanges Act

What is the object of the Employment Exchanges Act?

The Employment Exchanges Act is intended to benefit both the employer and the worker. It enables the employer to choose the best and the most efficient and provides an opportunity to the worker to have his claim for appointment considered without the worker having to knock at every door for employment.

Is an employer required to submit any returns to the Employment Exchange? What is the manner of notifying vacancies?

The vacancies shall be notified to the appropriate Employment Exchange in writing on the prescribed format, giving as many details as practicable, separately n respect of each type of vacancy. S.4 & R.4

In The Matter Where The Vacancies Are Sought To Be Filled Up From The Candidates Sponsored Through Medium Of Employment Exchange - What Would Be The Proper Course Of Appointment - The Better Course Would Be To Adopt Both The Medium From Employment Exchange And Publication In The Newspaper, T.V. And Radio - It would even give the Public Purpose - Ordered Accordingly. (EXCISE SUPERINTENDENT MALKAPATNAM, KRISHNA DISTRICT,ANDHRA PRADESH -- Vs- K.B.N.VISWESHWARA RAO 1996-JT-9-638)

In which Employment Exchange vacancies are to be notified?

1. The following vacancies, namely (a) vacancies in posts of a technical and scientific nature carrying a basic pay of Rs. 1,400/- or more per month occurring in establishment in respect of which the Central Government is the appropriate Government and (b) vacancies which an employer may desire to be circulated to the Employment Exchanges outside the State or Union Territory in which the establishment is situated, shall be notified to the Central Employment Exchange specified by the Central Government in this behalf.

2. Vacancies other than those specified above shall be notified to the Local Employment Exchange concerned.

Vacancies, required to be notified to the Central Employment Exchange, shall be notified giving at least 60 days time to the Central Employment Exchange from the date of receipt of the notification to the date of dispatch of particulars of applications of the prospective candidates for purpose of appointment or taking interview or test against the vacancies notified.

What is the time-limit for notifying vacancies to the Local Employment Exchange?

Vacancies, required to be notified to the Local Employment Exchange, shall be notified at least 15 days before the date on which applicants will be interviewed or tested where interviews or tests are held, or the date on which vacancies are intended to be filled, if no interviews or tests are held.

If an establishment to which the Act does not apply decides to notify vacancies to the Employment Exchange and consider only those candidates who are sponsored by the Employment Exchange, can a writ or direction be issued against the establishment not to do so?

If the establishment decides to regulate the process of recruitment and reduce the scope of arbitrariness in the matter of appointment, there is nothing illegal or invalid in it and a writ or direction to the contrary cannot be issued against the establishment

Which obligation casted by the Act on the employer in a private sector establishment?

The Central Government or a State Government can compel the employer in a private sector establishment to notify the vacancies occurring in that establishment to the specified Employment Exchanges and the employer shall thereupon comply with such requisition.

What obligation is cast by the Act on the employer in a public sector establishment?

The Act compels the employer in every establishment in public sector in a State to notify the vacancies occurring in any employment in that establishment to the specified employment exchanges.

Does the Act apply in relation to each and every vacancy?

The Act does not apply in relation to vacancies:

a. in any employment in agriculture, in any establishment in private sector other then employment as agricultural or farm machinery operatives;

b. in any employment in domestic service;

c. in any employment the total duration of which is less than three months;

d. in any employment to do unskilled office work, i.e., the work of a daftari, peon, watchman, sweeper, etc.;

e. in any employment connected with the staff of Parliament.

Is it compulsory for the employer to employ only those persons who have been sponsored by the Employment Exchanges?

The Act does not oblige any employer to employ those persons only who have been sponsored by the Employment Exchanges.

Section 3 And 5 - Whether the Division Bench Of High Court was justified in annulling the Recruitment in favour of the Appellant on the ground that in the absence of any sponsoring by the Employment Exchange - Petitioner could not have at all been considered for the Post in Question - Appellant was in Interview notwithstanding the fact that their names had not been sponsored by the Employment Exchange - Orders Of the Learned Single Judge directing the Authorities to allow the Appellant and Respondent No. 7 to be Interviewed were not assailed and thus become final - Impugned Judgment Of The Division Bench Set Aside - Appeal Allowed. (Kishore K.Pati -- Vs- Distt.Inspector Of Schools, Midnapore.....2000-Scc-9-405)

Is it compulsory for the employer to employ only those persons who have been sponsored by the Employment Exchanges?

The Act does not oblige any employer to employ those persons only who have been sponsored by the Employment Exchanges.

Section 3 And 5 - Whether the Division Bench Of High Court was justified in annulling the Recruitment in favour of the Appellant on the ground that in the absence of any sponsoring by the Employment Exchange - Petitioner could not have at all been considered for the Post in Question - Appellant was in Interview notwithstanding the fact that their names had not been sponsored by the Employment Exchange - Orders Of the Learned Single Judge directing the Authorities to allow the Appellant and Respondent No. 7 to be Interviewed were not assailed and thus become final - Impugned Judgment Of The Division Bench Set Aside - Appeal Allowed. (Kishore K.Pati -- Vs- Distt.Inspector Of Schools, Midnapore.....2000-Scc-9-405)

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