APHC010308032012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25506/2012 Between: Killi Chiranjeevulu, ...PETITIONER AND The Deputy Director and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR LABOUR 2. GP FOR SOCIAL WELFARE The Court made the following Order: The petitioner is challenging the award passed by the Labour Court in I.D.No.31 of 1996, whereby the Labour Court rejected the claim of the petitioner. 2. The learned counsel appearing for the petitioner submits that the petitioner joined as an attender in Government Boy’s Hostel on 01.04.1986 and that worked there continuously till 06.02.1987 without any break. Thereafter, the respondents discontinued the petitioner despite repeated requests. The respondent authorities again engaged the services of the petitioner at the Government B.C. Boys Hostel on 10.03.1991, where he worked till 25.08.1992. HN,J W.P.No.25506_2012 2 His services were then terminated without any issuance of the notice. The learned counsel for the petitioner further submits that, challenging the termination without issuing any notice, the petitioner filed I.D.No.31 of 1996 before the Industrial Tribunal, Visakhapatnam. The Tribunal dismissed the claim of the petitioner vide award dated 19.08.1999. The petitioner filed W.P.No.14124 of 2000 against the award of the Tribunal and this Court remitted the matter back to the Tribunal for reconsideration, as the whole issue involved in the I.D was not addressed by the Tribunal. The Tribunal passed an award under challenge on 28.02.2011. The learned counsel appearing for the petitioner submits that the Tribunal did not consider the fact that the petitioner has completed 240 days, within a calendar year from 26.08.1991 to 25.08.1992. The Tribunal also held in favor of the petitioner insofar as working for 240 days within 12 calendar months. However, the Tribunal rejected the claim of the petitioner on the ground that the petitioner had failed to submit any document to substantiate his service as attender during his initial appointment on 06.02.1987. That apart, the Tribunal has given a finding that, the petitioner had approached the Tribunal after a lapse of three and half years from the date of the alleged oral termination. HN,J W.P.No.25506_2012 3 3. There is either no representation for the respondents or any counter-affidavit has been filed. 4. As seen from the award passed by the Labour Court, the Labour Court has held that the petitioner worked for 240 days within 12 calendar months, from 26.08.1991 to 25.08.1992. However, the certificate issued by the award dated 15.10.1992 was not admitted by the witnesses examined on behalf of the management. The Tribunal also recorded that the petitioner failed to produce any certificate substantiating his claim that he worked continuously for 240 days at the Government Boys B.C. Hostel, Boddapadu or at his earlier worked at SA Hostel. Since the petitioner’s services were engaged in absence of the terms and conditions of engagement, a direction for the regularization or absorption of his services cannot be passed by this Court without unsettling the well-considered award. 5. Accordingly, the writ petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________ JUSTICE HARINATH.N Date: 29.01.2025 NKA HN,J W.P.No.25506_2012 4 40 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.25506 of 2012 Date: 29.01.2025 NKA