THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.35258 OF 2022
ORDER
With the consent of the learned counsel for both parties, this Writ Petition is being disposed of at the admission stage.
2. The petitioner claims to have worked as Contract Labourer in KTPP from 02.06.2015 to February, 2018 and he was allotted Employees Provident Fund (EPF) No.NZ WGL 003127 0000, UAN No.1007 8194 9065 and EPF deduction was made from his pay during the month of November, 2016. In pursuance of the settlement arrived at between the trade unions and the Telangana State Power Generation Corporation (for short 'the Corporation') under Section 12(1) of the Industrial Disputes Act, 1947, the Corporation agreed to absorb/regularize the outsourced/contract personnel, who were working as on 4.12.2016, and issued guidelines vide T.O.O.Rt.No.247, dt.01.06.2017/02.06.2017 and though the petitioner fulfilled the said guidelines, but the respondents have not considered the case of the petitioner on par with other outsourced personnel in terms of the modalities finalized for regularization of the outsourced personnel vide W.P.No.35258 of 2022 2 T.G.O.O.No.216/CGM (HR), dt.29.07.2017 and T.G.O.O.No.217/CGM (HR) dt.29.07.2017. When the case of the some of the labour was not considered for absorption/regularization in terms of the above said guidelines, they filed W.P.No.20804 of 2018 and batch and a Division Bench of this Court by common order dt.03.10.2018 directed the respondents herein to undertake the process of absorption by considering the eligible candidates, who were working as on 04.12.2016 and complying with other conditions of EPF deductions.
3. The grievance of the petitioner is that though he was working as on the cut-off date i.e., 4.12.2016, and fulfilled the eligibility criterion as per the guidelines of the Corporation dated 01.06.2017, his case has not been considered for absorption/regularization, whereas similarly situated persons were absorbed vide T.G.O.O.217/CGM(HR)/2017, dated 29.07.2017 and therefore, the action of the respondents is arbitrary and discriminatory and violative of Article 16 of the Constitution of India.
4. Hence, the petitioner seeks a direction to the respondent - Corporation to consider his case for absorption/regularization in terms of the guidelines issued by the Corporation dated 01.06.2017 and the judgment of the Division Bench of this Court referred to above on par W.P.No.35258 of 2022 3 with these employees who were regularized vide proceedings dated 29.07.2017.
5. Heard the learned counsel appearing for the petitioner who reiterated the above averments.
6. Sri G.Vidya Sagar, learned Senior Counsel, appearing for Smt. A.Deepthi, learned Standing counsel for the respondent - Corporation, on instructions, would submit that if the petitioner fulfils the eligibility criteria, the Committee constituted in that behalf, would examine his case and take appropriate decision thereon.
7. The Division Bench of this Court in W.P.No.20840 of 2018 and batch, vide orders dated 3.10.2018, while considering the very same issue, disposed of the Writ Petitions, with the following directions:
"12. Therefore in fine, all the writ petitions are disposed of to the following effect:
(i) persons who claim that they fulfill the criteria laid down in the guide-
lines/orders issued by the Corporation / Companies, may approach the Committee and satisfy the Committee that they are covered by the Scheme and that they fulfill the eligibility criteria. The Committee may look into the same and take a decision within 12 weeks;
(ii) persons who were not in employment on the cut-off date viz., 04.12.2016 cannot either seek the benefit of the scheme or challenge the W.P.No.35258 of 2022 4 scheme. The scheme prescribing a cut-off date is a product of settlement reached under the Industrial Disputes Act, 1947. The settlement was under Section 12(3) of the Act. Therefore, one of the conditions prescribed in the scheme viz., the cut-off date, cannot be challenged. Hence, the challenge to the prescription of a cut-off date contained in the scheme is rejected. However, these persons are given liberty to go before the Labour Court or any other appropriate Forum prescribed by any Special Enactments, if they have a right of absorption or regularization conferred by such Special Enactments;
(iii) persons who are out of the scheme on account of non-payment of contribution to the Employees Provident Fund, cannot also seek the benefit of the Scheme solely on the ground that the fault lay with the Distribution Companies. If these persons have any right conferred by any special enactment for regularization and/or absorption, they are given liberty to move the Fora prescribed under those enactments;
(iv) the claims of those engaged by the Civil Contractors for construction purposes are rejected."
8. This Court, having considered the facts and circumstances of the case and the submissions of the learned counsel, and the above directions of the Division Bench, without expressing any opinion on merits, disposed of this Writ Petition at the stage of admission, directing the petitioner to make a representation to the Committee constituted for implementation of the scheme for absorption / regularization in terms of the guidelines issued by Telangana State Power Generation Corporation, represented by its Chairman and Managing Director vide T.G.O.O.No.98/CHM(HR)/2017 dated 01.06.2017, stating his claim W.P.No.35258 of 2022 5 along with necessary documents to demonstrate that he is working as on the cut-off date i.e., 04.12.2016 and fulfill the eligibility criteria, within a period of two (2) weeks from the date of receipt of a copy of this order; and upon receipt of such representation, the Committee may look into the same and take a decision within a period of twelve weeks (12) thereafter, as per the above directions of the Division Bench.
9. The Writ Petition is disposed of with the above directions. No order as to costs.
10. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 12.09.2022 Svv