APHC010094152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NOS: 166 AND 777 OF 2025 WRIT APPEAL NO: 166 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dt. 12-12-2024 in W.P.No.29417/2012 on the file of the High Court. Between: 1. Chittoor District Cooperative Milk Producers Union Limited, Rep. by its General Manager, Incharge and Liquidator, Milk Products Factory, Chittoor, Chittoor District. 2. The District Collector/Chairman,, CDCMPU Ltd., Chittoor District. ...Appellants/Respondents 1 and 2 AND 1. P Madhava Reddy, S/o P. Subramanyam Reddy, Aged about 57 years, R/o D.No.4-1842, Durga Nagar Colony Greamspet, Chittoor, Chittoor District. 2. G Venkata Ramana, S/o G. Nagamalliah, Aged about 53 years, R/o D.No.3-833, Gandalla Street, Greamspet, Chittoor, Chittoor District. 3. K Subramanyam, S/o K. Ramaiah, Aged about 50 years R/oD.No.4- 1637, Greamspet, Chittoor, Chittoor District. 4. G Ganasekhar, S/o N. Siva Prakasam, Aged about 44 years. R/o D.No.25-218, Reddigunta, Chittoor, Chittoor District. 5. S Saravana, S/o AM Sivalingam, Aged about 45 years, R/o D.No.25- 219, Reddigunta, Chittoor, Chittoor District. 6. N Srinivasulu, S/o N. Pedha Venkata Ramaiah, Aged about 55 years, R/o D.No.25-59, Villiyappa Nagar, Greamspet, Chittoor, Chittoor District. 7. M Ravi, S/o M. Ramalingaiah, Aged about 44 years, R/o Mapakshi Village post, Chittoor, Chittoor District. 8. P Umapathy, S/o P. Krishnaiah, Aged about 45 years, R/o D.No.4- 1825/3, Greamspet, Chittoor, Chittoor District. 9. V Jayaramudu, S/o Muna Swamy, Aged about 49 years, R/o D.No.4- 1455/1, Masheedumitta, Greamspet, Chittoor, Chittoor District. V Hari Babu, S/o Vadivel Natar, Aged about 52 years, R/o D.No.3/824-3, Vellore, Road Greamspet, Chittoor, Chittoor District. G Muneiah, S/o S. Subramanayam, Aged about 44 years, R/o Erracheruvupalli, Puthapattu Mandal, Chittoor, Chittoor District. S Venkatesulu, S/o S. Subramanayam, Aged about 51 R/o Mapakshi Village, Chittoor, Chittoor District. P Venkatapathy Reddy, S/o Jogi Reddy, Aged about 59 R/o Eguvakaluva, Nandhanoor Post, G.D. Nellore. K Dakshina Murthy, S/o Nallaiah, Aged about 46 years, R/o Renukapuram Village, Markalapuram Post, Gudipalli Mandal Chittoor District. 10. 11. 12. years. 13. years, 14. 15. V Guru Swamy, S/o Veera Swamy, Aged about 50 years, R/o Mapakshi Village post, Chittoor District. K Balaram, S/o K. Krishnamachari, Aged about 48 years, R/o D.No.4-1562, Vellore Road Greamspet, Chittoor, Chittoor District. V Lakshmipathi, S/o V. Krishnaiah Naidu, Aged about 47 R/o D.No.25-335, Reddiguntia Post, Chittoor District. 16. 17. years 18. A T Sankar, S/o A.C. Thulasiram, Aged about 50 years. R/o D.No.4-1821, Durganagar Colony, District. Greamspet, Chittoor, Chittoor ...Respondents/ Petitioner Nos. 1 to 18 A.P Dairy Development Cooperative Federation Ltd, Rep. by its Managing Director, Office at 5th Floor (presently 2nd floor), API 1C Building, Auto Nagar, Mangalagiri, Guntur District. Labour Court, Ananatapur, Rep. by its Chairman cum Presiding 19. 20. Officer. 21. The State of Andhra Pradesh, Rep. by its Principal Secretary Animal Husbandry Dairy Development and Fisheries Department Secretariat Building, Velagapudi, Amaravati, Guntur District ...Respondents/Respondents 3 to 5 lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay the operation of the order dt. 12-12-2024 passed in W.P.No.29417/2012. Counsel for the Appellants: SRI A SYAM SUNDAR REDDY Counsel for Respondent Nos. 1 to 18: SRI RAJENDRA BUSSA Counsel for Respondent No. 19: SRI T VISHNU TEJA Counsel for Respondent No. 20:GP FOR SERVICES II Counsel for Respondent No. 21 :GP FOR SERVICES I APHC010290572025 SB0 WRIT APPEAL NO: 777 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dt 12.12.2024 in Writ Petition No.29417 of 2012 on the file of the High Court. Between: A.P Dairy Development Cooperative Federations Limited, Rep. by its Managing Director, Office at 5th Floor (presently 2nd Floor), APIIC Building, Auto Nagar, Mangalagiri, Guntur District ...Appellant/Respondent No. 3 AND 1. P Madhava Reddy, S/o P. Subramanyam Reddy, Aged about 57 years, R/o D.No.4-1842, Durga Nagar Colony, Greamspet, Chittoor, Chittoor District. 2. G Venkata Ramana, S/o G. Nagamalliah, Aged about 53 years, R/o D.No.3-833, Gandalla Street, Greamspet, Chittoor, Chittoor District. 3. K Subramanyam, S/o K. Ramaiah, Aged about 50 years, R/o D.No.4- 1637, Greamspet, Chittoor, Chittoor District. 4. G Ganasekhar, S/o N. Siva Prakasam, Aged about 44 years, R/o D.No.25-218, Reddigunta, Chittoor, Chittoor District. 5. S Saravana, S/o AM Sivalingam, Aged about 45 years, R/o D.No.25- 219, Reddigunta, Chittoor, Chittoor District. 6. N Srinivasulu, S/o N. Pedha Venkata Ramaiah, Aged about 55 R/o D.No.25-59, Villiyappa Nagar, Greamspet, Chittoor, Chittoor District. 7. M Ravi, S/o M. Ramalingaiah, Aged about 44 years, R/o Mapakshi Village post, Chittoor, Chittoor District. 8. P Umapathy, S/o P. Krishnaiah, Aged about 45 years, R/o D.No.4- 1825/3, Greamspet, Chittoor, Chittoor District. 9. V Jayaramudu, S/o MunaSwamy, Aged about 49 years, R/o D.No.4- 1455/1, Masheedumitta, Greamspet, Chittor. V FlariBabu, S/o VadivelNatar, Aged about 52 D.No.3/824-3, Vellore, Greamspet, Chittoor, Chittoor District. G Munaiah, S/o S. Subramanayam, Aged about 44 Erracheruvupalli, Puthapattu Mandal, Chittoor, Chittoor District. years. 10. years, R/o 11. years, R/o. 12. S Venkatesulu, S/o S. Subramanayam, Aged about 51 Mapakshi Village, Chittoor, Chittoor District. P Venkatapathy Reddy, S/o Jogi Reddy, Aged about 59 R/o Eguvakaluva, Nandhanoor Post, G.D. Neliore. K Dakshina Murthy, S/o Naliaiah, Aged about 46 Renukapuram Village, Markalapuram Post, Gudipalli Mandal District. years, R/o 13. years 14. years, R/o Chittoor 15. V Guru Swamy, S/o VeeraSwamy, Aged about 50 Mapakshi Village Post, Chittoor District. K Balaram, S/o K. Krishnamachari, Aged about 48 years, R/o D.No.4-1562, Vellore Road, Greamspet, Chittoor, Chittoor District. V Lakshmipathi, S/o V. Krishnaiah Naidu, Aged about 47 R/o D.No.25-335, Reddigunta Post, Chittoor District. years, R/o 16. 17. years. 18. A T Sankar, S/o A.C. Thuiasiram, Aged about 50 years, R/o D.No.4-1821, Durganagar Colony, Greamspet, Chittoor, Chittoor District. ...Respondents/Writ Petitioners Chittoor District Cooperative Milk Producers Union Limited, Rep. by its General Manager, Incharge and Liquidator, Milk Products Factory, Chittoor. 19. 20. Chittoor District Cooperative Milk Producers Union Limited, Rep. by Chittoor District Collector Person-in-charge, Chittoor 21. Labour Court, Rep. by its Chairman cum Presiding Officer, Anantapur. 22. The State of Andhra Pradesh, Rep. by its Principal Secretary Animal Husbandry, Diary Development and Fisheries Secretariat Buildings, Velagapudi, Amaravathi, Guntur District Department, ...Respondents/Respondents No. 1,2,4 and 5 lA NO: 3 OF 20?fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order dated 12.12.2024 passed in Writ Petition No.29417 of 2012 by the Learned Single Judge, pending disposal of the writ appeal. Counsel for the Petitioner: SRI T VISHNU TEJA Counsel for Respondent Nos. 1 to 18: G.KRISHNAPRASAD ROYAL Counsel for Respondent Nos. 20 and 21: GP FOR SERVICES I The Court made the following: APHC010094152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 166/2025 Between: 1.CHITTOR DISTRICT COOPERATIVE MILK PRODUCERS, , REP. BY ITS GENERAL MANAGER, INCHARGE AND LIQUIDATOR, -MILK PRODUCTS FACTORY, CHITTOOR, CHITTOOR DISTRICT. 2.THE DISTRICT COLLECTOR/CHAIRMAN,, CDCMPU LTD., CHITTOOR DISTRICT. ...APPELLANT(S) AND % 1. P MADHAVA REDDY, S/O P. SUBRAMANYAM REDDY, AGED ABOUT 57 YEARS, R/0 D.N0.41842, DURGA NAGAR COLONY GREAMSPET, CHITTOOR, CHITTOOR DISTRICT. 2. G VENKATA RAMANA, S/O G. NAGAMALLIAH, AGED ABOUT 53 YEARS, R/0 D.N0.3833, GANDALLA STREET, GREAMSPET, CHITTOOR, CHITTOOR DISTRICT. 3. K SUBRAMANYAM, S/O K. RAMAIAH, AGED ABOUT 50 YEARS GREAMSPET, CHITTOOR, R/0D.N0.41637, DISTRICT. CHITTOOR 4. G GANASEKHAR, S/O N. SIVA PRAKASAM, AGED ABOUT 44 YEARS. CHITTOOR DISTRICT. R/0 .D.N0.25218, REDDIGUNTA, CHITTOOR 5. S SARAVANA, S/O AM SIVALINGAM, AGED ABOUT 45 YEARS, CHITTOOR, CHITTOOR R/O D.N0.25219, REDDIGUNTA, DISTRICT. 1 2 6. N SRINIVASULU, S/O N. PEDHA VENKATA RAMAIAH, AGED R/0 D.N0.2559, VILLIYAPPA NAGAR, ABOUT 55 YEARS, GREAMSPET, CHITTOOR, CHITTOOR DISTRICT 7. M RAVI, S/O M. RAMALINGAIAH, AGED ABOUT 44 YEARS, R/0 MAPAKSHI VILLAGE POST, CHITTOOR, CHITTOOR DISTRICT. 8. P UMAPATHY, S/O P. KRISHNAIAH, AGED ABOUT 45 YEARS, R/0 D.N0.41825/3, GREAMSPET, CHITTOOR, CHITTOOR DISTRICT. 9. V JAYARAMUDU, S/O MUNA SWAMY, AGED ABOUT 49 YEARS, GREAMSPET, R/0 D.NO.41455/1, MASHEEDUMITTA, CHITTOOR, CHITTOOR DISTRICT. 10.V HARI BABU, S/O VADIVEL NATAR, AGED ABOUT 52 YEARS, GREAMSPET, CHITTOOR, R/0 D.NO.3/8243, VELLORE, CHITTOOR DISTRICT. S/O S. SUBRAMANAYAM, AGED ABOUT 44 11.G MUNEIAH YEARS, R/0 ERRACHERUVUPALLI, PUTHAPATTU MANDAL, CHITTOOR, CHITTOOR DISTRICT. 12.S VENKATESULU, S/O S. SUBRAMANAYAM, AGED ABOUT 51 YEARS, R/0 MAPAKSHI VILLAGE, CHITTOOR, CHITTOOR DISTRICT. 13.P VENKATAPATHY REDDY, S/O JOGI REDDY, AGED ABOUT 59 YEARS, R/0 EGUVAKALUVA, NANDHANOOR POST, G.D. NELLORE. 14. K DAKSHINA MURTHY, S/O NALLAIAH, AGED ABOUT 46 YEARS, R/0 RENUKAPURAM VILLAGE, MARKALAPURAM POST, GUDIPALLI MANDAL CHITTOOR DISTRICT. 15.V GURU SWAMY, S/O VEERA SWAMY, AGED ABOUT 50 YEARS, R/OMAPAKSHI VILLAGE POST, CHITTOOR DISTRICT. 16.K BALARAM, S/O K. KRISHNAMACHARI, AGED ABOUT 48 YEARS, R/0 D.N0.41562, VELLORE ROAD GREAMSPET, CHITTOOR, CHITTOOR DISTRICT. 17.V LAKSHMIPATHI, S/O V. KRISHNAIAH NAIDU, AGED ABOUT 47 CHITTOOR YEARS, R/0 D.N0.25335, REDDIGUNTA POST, DISTRICT. 18. A T SANKAR, S/O A.C. THULASIRAM, AGED ABOUT 50 YEARS 3 19.A P DAIRY DEVELOPMENT COOPERATIVE FEDERATION LTD, REP. BY ITS MANAGING DIRECTOR, OFFICE AT 5TH FLOOR (PRESENTLY 2ND FLOOR), APIIC BUILD!NG,AUTO NAGAR, MANGALAGIRI, GUNTUR DISTRICT. 20.LABOUR COURT, ANANATAPUR, REP. BY ITS CHAIRMAN CUM PRESIDING OFFICER. 21.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRYDAIRY DEVELOPMENTAND FISHERIES DEPARTMENT SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT ...RESPONDENT(S): Counsel for the Appellant(S): 1.ASYAM SUNDAR REDDY Counsel for the Respondent(S): 1.RAJENDRABUSSA 2.T VISHNU TEJA 3.GPFOR SERVICES I 4.GP FOR SERVICES II WRIT APPEAL NO: 777/2025 Between: 1.AP DAIRY DEVELOPMENT COOPERATIVE FEDERATIONS LIMITED, REP. BY ITS MANAGING DIRECTOR, OFFICE AT 5TH FLOOR (PRESENTLY 2ND FLOOR), APIIC BUILDING, AUTO NAGAR, MANGALAGIRI, GUNTUR DISTRICT ...APPELLANT AND 1. P MADHAVA REDDY, S/0 P. SUBRAMANYAM REDDY, AGED ABOUT 57 YEARS, R/0 D.N0.41842, DURGA NAGAR COLONY, GREAMSPET, CHITTOOR, CHITTOOR DISTRICT. 2. G VENKATARAMANA, S/0 G. NAGAMALLIAH, AGED ABOUT 53 YEARS, R/0 D.N0.3833, GANDALLA STREET, GREAMSPET, 4 CHITTOOR, CHITTOOR DISTRICT. 3. K SUBRAMANYAM, S/O K. RAMAIAH, AGED ABOUT 50 YEARS, R/0 D.N0.41637, GREAMSPET, CHITTOOR, CHITTOOR DISTRICT 4. G GANASEKHAR, S/O N. SIVA PRAKASAM, AGED ABOUT 44 YEARS, R/0 D.N0.25218, REDDIGUNTA, CHITTOOR, CHITTOOR DISTRICT 5. S SARAVANA, S/O AM SIVALINGAM, AGED ABOUT 45 YEARS, R/0 D.N0.25219, REDDIGUNTA, CHITTOOR, CHITTOOR DISTRICT 6. N SRINIVASULU, S/O N. PEDHAVENKATARAMAIAH, AGED ABOUT 55 YEARS, R/0 D.N0.2559, VILLIYAPPA NAGAR, GREAMSPET,CHITTOOR,CHITTOORDISTRICT 7. M RAVI, S/O M. RAMALINGAIAH, AGED ABOUT 44 YEARS, R/0 MAPAKSHI VILLAGE POST, CHITTOOR, CHITTOOR DISTRICT. 8. P UMAPATHY, S/O P KRISHNAIAH, AGED ABOUT 45 YEARS, R/0 D.N0.41825/3, GREAMSPET, CHITTOOR, CHITTOOR DISTRICT. 9. V JAYARAMUDU, , S/O MUNASWAMY, AGED ABOUT 49 YEARS, R/0 D.NO.41455/1, MASHEEDUMITTA, GREAMSPET, CHITTOR. 10.V HARIBABU, , S/O VADIVELNATAR, AGED ABOUT 52 YEARS, R/0 D.NO.3/8243, VELLORE, GREAMSPET, CHITTOOR, CHITTOOR DISTRICT. 11. G MUNEIAH, S/O S. SUBRAMANAYAM, AGED ABOUT 44 YEARS, R/0. ERRACHERUVUPALLl, PUTHAPATTUMANDAL, CHITTOOR, CHITTOOR DISTRICT. 12.S VENKATESULU, S/O S. SUBRAMANAYAM, AGED ABOUT 51 YEARS, R/0 MAPAKSHI VILLAGE, CHITTOOR, CHITTOOR DISTRICT. 13.P VENKATAPATHY REDDY, S/O JOGI REDDY, AGED ABOUT 59 YEARS, R/0 EGUVAKALUVA, NANDHANOOR POST, G.D. NELLORE. 14.K DAKSHINA MURTHY, S/O NALIAIAH, AGED ABOUT 46 YEARS, R/0 RENUKAPURAM VILLAGE, MARKALAPURAM POST, GUDIPALLIMANDAL, CHITTOOR DISTRICT. 15.V GURU SWAMY, S/O VEERASWAMY, AGED ABOUT 50 YEARS, 5 R/0 MAPAKSHI VILLAGE POST. CHITTOOR DISTRICT. 16.K BALARAM, S/0 K. KRISHNAMACHARI. AGED ABOUT 48 YEARS, R/0 D.N0.41562, VELLORE ROAD, GREAMSPET CHITTOOR, CHITTOOR DISTRICT. 17.V LAKSHMIPATHI, S/0 V. KRISHNAIAH NAIDU, AGED ABOUT 47 YEARS, R/0 D.N0.25335, REDDIGUNTA POST, CHITTOOR DISTRICT. 18. A T SANKAR, S/0 A.C. THULASIRAM, AGED ABOUT 50 YEARS, R/0 D.N0.41821, DURGANAGAR COLONY, GREAMSPET CHITTOOR, CHITTOOR DISTRICT. 19.CHITTOOR DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITED, REP. BY ITS GENERAL MANAGER, INCHARGE AND LIQUIDATOR, MILK PRODUCTS FACTORY, CHITTOOR. 20.CHITTOOR DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITED. REP. BY CHITTOOR DISTRICT COLLECTOR PERSON- IN-CHARGE, CHITTOOR 21.LABOUR COURT, REP. BY ITS CHAIRMAN CUM PRESIDING OFFICER, ANANTAPUR. 22.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. ANIMALHUSBANDRYDIARY DEVELOPMENTAND FISHERIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT(S): Counsel for the Appellant: 1.T VISHNU TEJA Counsel for the Respondent(S): 1.G.KRISHNAPRASAD ROYAL 2.GPFOR SERVICES I The Court made the following: 6 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL Nos.166 and 777 of 2025 COMMON JUDGMENT: (Per Hon’ble Sri Justice A. Hah Haranadha Sarma) 1. These Writ Appeals are directed against the orders dated 12.12.2024 passed in W.P.No.29417 of 2012 by the learned Single Judge of this Court. Appellant Nos.1 and 2 in W.A.No.166 of 2025 are Respondent Nos.1 and 2 in the Writ Petition and the Appellant in W.A.No.777 of 2025 is Respondent No.3 in the Writ Petition. Heard Sri A.Syam Sundar Reddy, learned counsel for the appellants in W.A.No.166 of 2025 and Sri T.Vishnu Teja, learned Special Government Pleader appearing for the appellant in W.A.No.777 of 2025. 2. 3. Respondent Nos.1 to 18 in both the Writ Appeals are the Writ Heard Sri Rajendra Bussa, learned counsel appearing for the respondents 1 to 18 and learned Government Pleaders for Services-I &II Petitioners. appearing for the State. 4. Parties will be hereinafter deferred to as and how they are referred in the Writ Petition. The Writ Petition is filed with a prayer to issue a Writ of Certiorari or any other appropriate writ, order or direction setting aside the order of the 5. 7 m Chairman-cum-Presiding Officer of Labour Court, Anantapur (arrayed respondent No.4 in the Writ Petition) made in M.PNo.27 of 2009, dated 21.08.2012 and to direct Respondent No.1 in the Writ Petition to pay arrears of salaries, retirement benefits, enhancement of DA etc. to the Writ Petitioners till their age of superannuation. as annual increments and Case of the Writ Petitioners: 6. (i). Respondent No.1 is a Society Registered under the A.P. Cooperative Societies (ARCS) Act, 1964. places, processes the same and sells processed milk, cheese, ghee and other milk products. It collects milk from various It has chilling centers at Madanapalle, V.Kota, Srikalahasti, Pichatur and Pileru in Chittoor District. It ran into losses from 1996-97 onwards. An order dated 29.07.2003 was passed for liquidation and a Liquidator was appointed. Voluntary Retirement Scheme (VRS) was opted by 451 workers, whereas, 140 workers did not opt for it. It was decided to retrench those workers who did not opt for VRS and an application was made to the State Government for necessary permission under the Industrial Disputes Act. The said application was rejected by the Government. The workers who did not opt for VRS were working in the Watch & Ward duties for respondent No.1 Industry, by the time of liquidation. The assets of the respondent No.1 were left intact and the 8 Liquidator is in charge of it. The writ petitioners were not allowed to sign in the attendance register and they were not paid salaries. (ii). The writ petitioners and other similarly situated persons earlier filed writ petitions vide W.P.Nos.874 of 2003 and 3492 of 2007 before this Court challenging their proposed retrenchment and seeking a consequential direction to absorb them in any other Government Department or Undertaking. The Writ Petitions were disposed of observing that as no orders are passed retrenching the petitioners there is no cause of action. (iii). While disposing of connected Writ Appeal i.e. W.A.No.552 of 2008, it was observed that no relief can be granted as the Respondent- Society was already ordered to be wound up. (iv). The writ petitioners are doing Watch & Ward services in the unit at Chittoor. The liquidator prepared a note relating to the Chittoor Milk Dairy in the year 2004 and found that 140 employees are non-optees of the VRS Scheme. They are to be deputed to do some other work or to be removed. When the things stands thus the writ petitioners approached respondent No.4 / Labour Court seeking direction for payment of wages for the period from 30.07.2003 to 31.07.2009 under Section 33(c)(2) of the (V). * 9 Industrial Disputes Act. But the same was not considered. Hence, the Writ Petition is filed questioning the said orders of the Labour Court. Case of the Respondents: 7. (i). In view of the liquidation of the unit, none of the writ petitioners continued to be its employees and they are not factually working after the date of liquidation i.e. 29.07.2003. (ii) The Writ Petitioners did not opt for VRS. The Government did not permit retrenchment. Orders and reasoning of the Labour Court: Respondent No.1 unit was dosed and the material placed by the petitioners is not sufficient to come to the conclusion the petitioners are working in a closed factory. Since the factory was already wound up, the petitioners are not entitled for any relief. Labour Court has also referred to 8. earlier Writ Appeals Orders. Contentions in the Writ Petition: For Employees: (i) The writ petitioners did not opt for VRS and they were not retrenched as the Government refused permission to retrenchment. Therefore, the contract of service between the employee and employer did 9. not come to an end. 10 (ii) The writ petitioners are attending Watch & Ward services at Chittoor unit. (iii) There was a committee constituted which has gone into the records produced by the Liquidator and found outstanding liabilities including the salaries payable to the non-optees of VRS. (iv) The mere fact that the unit was put in liquidation does not result in severance of contract of employment. (v) The defence that by virtue of liquidation, the petitioners cannot continue as employees and factually they are not working as on the date is not correct as there were no orders passed terminating the services of the Writ Petitioners. (vi) Respondent No.4 / Labour Court did not properly analyse the issue and the orders of W.P.No.874 of 2003 and W.A.No.552 of 2008 have been misunderstood by respondent No.4. For Respondent No.1: 10. (i) There are no merits. The Chittoor dairy was liquidated under the provisions of APCS Act with effect from 29.07.2003 in view of financial constraints pursuant to the resolution passed by the then Management, (ii) Contention that the writ petitioners are working as watch and ward services round the clock is factually incorrect. 11 . • (iii) Since the closure of unit is not in dispute, the contention of the Writ Petitioners cannot be accepted and the orders of the Labour Court cannot be faulted. (iv) The claim made in Writ Petition is beyond the scope of Section 33(c)(2) of the Industrial Disputes Act. (v) Claim is not maintainable against the Liquidator before Labour Court in view of the Section 121 of APCS.Act which prohibits the jurisdiction against the Labour Court and provisions of Section 133 of the APCS Act will have overriding effect. (vi) There are no grounds to interfere under Article 226 of the Constitution of India. Findings of the learned Single Judge under the impugned orders: 11. After referring to the factual matrix narrated above as to 451 workers opting for VRS and 140 workers not opting for VRS and the earlier writ petitions i.e.W.P.Nos.874 of 2003, 3492 of 2007 and W.A.No.552 of 2008 etc., but by taking note of letter of official Liquidator dated 02.05.2023 addressed to the District Collector for settlement of dues for 141 employees who did not opt for VRS and the letter of the District Collector dated 27.06.2023 sent to the Special Chief Secretary of the Government of Andhra Pradesh seeking release of the requisite budget learned Single Judge directed the respondents in the Writ Petition to comply the decision of the official Liquidator dated 02.05.2023 in accordance with the 12 proceedings dated 27.06.2023 of the Collector to settle the dues of the petitioners. 12. Aggrieved by the orders of the learned single Judge, the present Writ Appealsare filed. Arguments in the appeals (for the appellants): (i) The learned Single Judge ought to have correctly considered the effect of earlier orders in W.P.No.874 of 2003, dated 25.04.2008 and 13. W.A.No.552 of 2008, dated 03.07.2008 and also orders in M.P.No.27 of 2009 by respondent No.4/ Labour Court, dated 21.08.2012. (ii) The learned Single Judge ought to have considered that the Society went into liquidation and business activities were closed long back by 01.09.2002. (iii) The learned Single Judge failed to consider the detailed order passed by the Chairman-cum-Presiding Officer, Industrial Tribunal-cum- Labour Court, Anantapur in M.P.No.27 of 2009, dated 21.08.2012, wherein it is observed that amounts payable were up to 29.07.2003 i.e. the date of winding up only in pursuance of the order of winding up passed under Section 64 of the A. P. Cooperative Societies Act, 1964. (iv) There was a mistake in addressing the relief sought by the petitioners in the Writ Petition which is seeking directions to quash the order of respondent No.4 in M.P.No.27 of 2009, without addressing the sustainability of orders of the Labour Court, under the impugned orders 13 learned single Judge, directed the respondents in the Writ Petition, to settle the dues of the petitioners pursuant to correspondence between the Liquidator and the Collector and with the Government by the District Collector on the strength of letter of the then M.L.A. Analysis: 14. It is clear from the record that, it was on the intervention of the then M.L.A of Chittoor for release of the salaries as per eligibility, the District Collector sought a detailed report as to retrenchment benefits of the non- optees from the liquidator. Thereafter, a letter addressed by the District Collsctor dated 27.06.2023 to the Government. These subsequent developments alone were taken as the basis to pass orders in the Writ Petition. The orders passed in the Writ Petition are beyond the scope and they are not addressing tenability of the orders of the Labour Court which are under challenge. The impugned orders are in the form of directing compliance of the recommendationsin the letter of the District Collector dated 27.06.2023. Upon considering the material available on record, we find that letters addressed by the District Collector as well as the report submitted by the Liquidator to the District Collector on the intervention of the then MLA, Chittoor are not directly the subject matter viz. the relief prayed for in the Writ Petition. Hence, we find that, the orders of the learned Single Judge directing the implementation of the observations of the District Collector 15. 14 under letter dated 27.06.2023 without addressing the orders of the Labour Court, Anantapur is not tenable under law. 16. Therefore, we are of the considered view that the orders are under challenge are liable to be set aside. However, we find that, it is a fit case for remanding the matter to the learned Single Judge for fresh consideration on merits, firstly with regard to the sustainability or otherwise of the orders of the Labour Court. 17. For the aforesaid reasons and discussion made, and in the result, these Writ Appeals are allowed as follows: (i) The impugned orders dated 12.12.2024 passed by the learned Single Judge in W.P.No.29417 of 2012 are set-aside. The matter under consideration i.e. W.P.No.29417 of 2012 is remanded for fresh consideration by the learned Single Judge as per law, by giving opportunity to both sides to place their respective contentions and material, if any, they want to rely upon. There shall be no order as to costs. (ii) (iii) (iv) As a sequel, miscellaneous petitions pending, if any, shall Sd/- S.V.S.R.MURTHY JOINT REGISTRAR stand closed. //TRUE COPY// SECTION OFFICER To, 1. The General Manager, Incharge and Liquidator, Chittoor District Cooperative Milk Producers Union Limited, Milk Products Factory, Chittoor. 2. The Chittoor District Collector Person-in-charge, Chittoor District Cooperative Milk Producers Union Limited, Chittoor 3. The Chairman cum Presiding Officer, Labour Court, Anantapur. 4. The Principal Secretary, Animal Husbandry Diary Development and Fisheries Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 5. The Managing Director, A P Dairy Development Cooperative Federation Ltd, Office at 5th Floor (presently 2nd floor) Nagar, Mangalagiri, Guntur District. 6. The Registrar (Judicial), High Court of Andhra Pradesh, (BY Special Messenger) 7. The Section Officer, Writs (Service) Section, High court of Andhra Pradesh, ( By Special Messenger) 8. The Section officer. Posting Section, High court of Andhra Pradesh (By Special Messenger) 9. OneCCto Sri. A Syam Sundar Reddy Advocate [OPUC] One CC to Sri. Rajendra Bussa Advocate [OPUC] One CC to Sri. T Vishnu Teja Advocate [OPUC] One CC to Sri. G.Krishnaprasad Royal Advocate [OPUC] Two CCs to GP for Services I, High Court of Andhra Pradesh APIIC Building,Auto 10. 11. 12. 13. [OUT] 14. Two CCs to GP for Services II, High Court of Andhra Pradesh [OUT] 15. Two CD Copies GSC ♦ HIGH COURT DATED:02/09/2025 COMMON JUDGMENT WA NOS. 166 AND 777 OF 2025 Of o 2 3 SEP m mi 3: Co e> -3^ ^ . Current Section %4£eSPATCH?-?- ^ ALLOWING THE WRIT APPEALS WITHOUT COSTS