Andhra Pradesh High Court - Amravati
N. Srinivasulu Srinivasulu Reddy vs The Ap Genco, on 28 June, 2024
1
APHC010176772022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY EIGHTH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 10085/2022
Between:
N. Srinivasulu @ Srinivasulu Reddy and Others ...PETITIONER(S)
AND
The Ap Genco and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. PEETA RAMAN
Counsel for the Respondent(S):
1. M. VIDYASAGAR, ( STANDING COUNSEL FOR APGENCO )
The Court made the following:
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India,
seeking the following relief:
".....(i) declaring the action of the respondents in not absorbing the
services of petitioners on par with other similarly situated whose services got
absorbed w.e.f., 06.12.1997 and also on par with contract labour /claimants
/respondents in WP No.21947 of 2005, dt.16.03.2017, WA No.1269 of 2017,
dt.24.02.2022 (arising out of Award dt.15.06.2000 passed in ID No.218 of
2000 on the file of Industrial Tribunal-cum-Labour Court, Anantapur) and WP
No.4133 of 2010, dt.07.01.2016 (arising out of Award dt.17.07.2009 passed
in ID No.339 of 2004 on the file of Industrial Tribunal-cum-Labour Court,
Anantapur) in the light of the G.O.Ms.No.41 Labour Employment Training
and Factories (Lab.II) Department, dt.23.09.1996, B.P (P&G Per) Ms.No.37,
dt.18.05.1997 and B.P (P&G Per) Ms.No.260, dt.19.12.1997 of the then
APSEB by according all incidental and consequential service-cum-monitory
benefits attached to the post except back-wages and arrears of salary as
illegal, arbitrary, discriminative, misfeasance, malfeasance, nonfeasance,
perverse, opposed to 'doctrine of double jeopardy', besides violative of
Arts.14 & 16 of the Constitution of India by calling the records of their service
particulars as well as the service particulars of others whose services got
absorbed already and going to be absorbed in the light of G.O.Ms.No.41 and
B.P.Ms.No.37; and also (ii) consequently direct the respondents to absorb
the services of the petitioners on par with other similarly situated whose
services got absorbed w.e.f., 06.12.1997 and also on par with contract
labour/claimants/respondents in WP No.21947 of 2005, dt.16.03.2017, WA
No.1269 of 2017, dt.24.02.2022 (arising out of Award dt. 15.06.2000 passed
in ID No.218 of 2000 on the file of Industrial Tribunal-cum-Labour Court,
Anantapur) and WP No.4133 of 2010, dt.07.01.2016 (arising out of Award
dt.17.07.2009 passed in ID No.339 of 2004 on the file of Industrial Tribunal-
cum-Labour Court, Anantapur); and pass such other order or orders....."
2. Heard Mr.Peeta Raman, learned counsel for the petitioners and
Mr.M.Vidya Sagar, learned Standing Counsel for APGENCO, who appeared
through virtual hearing, for the respondents 1 and 2.
3. The brief facts of the case are that the petitioners 1 and 4 got engaged
as contract labour in Electrical Maintenance-IV Sub-Division of EM & MRT
Division on 10.10.1996 and worked as such till 31.03.1998. Later the
Government vide G.O.Ms.No.41 Labour Employment Training & Factories
(Lab.II) Department, dated 23.09.1996 issued orders prohibiting of
employment of contract labour in 33 categories of employment in the then
APSEB. Thereafter, the then APSEB by way of issuing B.P (P&G Per)
Ms.No.37, dated 18.05.1997 framed certain guidelines for absorption /
appointment of contract labour engaged against said 33 prohibited categories.
The APSEB had issued some more guidelines, for absorption in the light of
above said Government Order and Board proceedings, under B.P. (P&G Per)
Ms.No.272, dated 31.12.1997, according to which the contract labour seeking
absorption should be on roles as on 23.09.1996. The petitioners were given
call letters on 14.10.1997 directing them to attend for interviews scheduled on
17.10.1997. Thereafter the services of all contract labour, got absorbed, but
the said benefit was not extended to the petitioners herein, on the ground of
not on the roles as on cut-off date prescribed under BP (P&G Per) Ms.No.272,
dated 31.12.1997. Hence the writ petition.
4. The respondents filed counter and stated that the petitioners have never
worked in any of the 33 prohibited / abolished categories and there is no
relationship of employer and employee exists, as such their services cannot
be regularized. Further stated that the nature of work, in which the petitioners
worked, does not come under the purview of the 33 abolished category works.
The petitioners' claim for regularization of their services cannot be accepted,
since the respondent corporation has never engaged the petitioners directly,
at any point of time, as such their claim cannot be considered.
5. During hearing, learned Standing Counsel for APGENCO has produced
a copy of judgment dated 13.02.2024 passed by the Division Bench of this
Court in W.A.No.1045 of 2022, wherein the Division Bench of this Court has
set aside the order of the learned Single Judge and granted liberty to the
petitioners to invoke the provision of Section 10(A) of the Industrial Disputes
Act, 1947, and file their claims before the Labour Court/Tribunal in Anantapur
and in the event such a claim is filed within four (04) weeks from the date of
receipt of a copy of this Order, the claims shall not be adjudicated on the point
of limitation and shall be considered and disposed of on merits.
6. So, in view of the above Judgment and for the reasons stated therein,
this Writ Petition is disposed of, by directing the petitioners to invoke the
provision of Section 10(A) of the Industrial Disputes Act, 1947 and file their
claims before the Labour Court/Tribunal. On such claims are made, the
claims shall not be adjudicated on the point of limitation and shall be
considered and disposed of on merits. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
________________________
DR. K. MANMADHA RAO, J.
Note: Issue CC on 02.07.2024
(B/o)
ARR
HON'BLE DR.JUSTICE K.MANMADHA RAO
WRIT PETITION NO.10085 OF 2022
Date: 28.06.2024
ARR
