Surada Purushotham vs Union Of India & Ors. Etc. Wherein It Is ...
2024 Latest Caselaw 8385 AP

Andhra Pradesh High Court - Amravati

Surada Purushotham vs Union Of India & Ors. Etc. Wherein It Is ... on 12 September, 2024

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APHC010562162015
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                 [3333]
                          (Special Original Jurisdiction)

              THURSDAY, THE TWELFTH DAY OF SEPTEMBER
                  TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

               THE HONOURABLE SMT JUSTICE V.SUJATHA

                     WRIT PETITION NO: 23883/2015

Between:

Surada Purushotham,& 15 and Others                   ...PETITIONER(S)

                                  AND

M/s Air India Ltd Chairman Mumbai 2 and Others      ...RESPONDENT(S)

Counsel for the Petitioner(S):

  1. S.V.S.S.SIVA RAM

Counsel for the Respondent(S):

  1. V UMA DEVI

The Court made the following:
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ORDER:

The present Writ Petition came to be filed under Article 226 of the

Constitution of India seeking the following relief:-

"...to issue a writ, order or direction more particularly one in the nature of the writ of MANDAMUS declaring the action of the respondents in terminating the petitioners from service with effect from 01.08.2015 and entering into contract with an outsourcing agency for supply of manpower services as arbitrary, illegal, violative of Article 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents to continue the petitioners as casual workers till their services are regularized...."

2. Heard learned counsel for the petitioners, learned Counsel appearing

for the respondents.

3. Today, when the matter came up for hearing, learned counsel for the

petitioners brought to the notice of this Court that the Judgment of Hon'ble

Supreme Court in Civil Appeal No (S). of 2024 (arising out of Special Leave

Petition(C) No(s).23441-23444 of 2022), in Mr.R.S.Madireddy and Anr.etc.

vs. Union of India & Ors. Etc. wherein it is held as under:

"32. There is no dispute that the Government of India having transferred its 100% share to the company Talace India Pvt Ltd., ceased to have any administrative control or deep pervasive control over the private entity and hence, the company after its disinvestment could not have been treated to be a State anymore after having taken over by the private company. Thus, unquestionably, the respondent No.3(AIL) after its disinvestment ceased to be a State or its instrumentality within the meaning of Article 12 of the Constitution of India."

4. In view of the same, the Criminal Appeals were dismissed on the

ground of maintainability.

5. Accordingly, the Writ Petition is also dismissed. However, the

petitioners are at liberty to approach the appropriate authority. There shall be

no order as to costs.

As a sequel, miscellaneous applications, pending, if any, shall also

stand closed.

___________________ JUSTICE V.SUJATHA KGR