IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE > PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15382 OF 2011 xO Between: 1. AP Contract Labour Union(REG No.B 1996) (Affiliated to Bharateeya Mazdoor Sangh) Technical Wing, D.No. 22-3-2/2, Gadivari Street, Powerpet, Eluru, West Godavari District represented by its President, T. Seshachalam 2. M. Srinivasa Rao, S/o Satyanarayana, aged 36 years. Working as Shift Operator 33/11 K V Electrical Sub Station, Raghavapuram, Chintalapudi Mandal, West Godavari District. 3. N. Satya Krishna Rao, S/o Nageswara Rao, aged 3 years. Working as Shift Operator 33/11 K V Electrical Sub Station, Gunnampalli, Dwarakatirumala Mandal, West Godavari District. 4. S.V.V.A.Basavesvara Rao, S/o Appa Rao, aged 34 years. Working as Shift Operator 33/11 K V Electrical Sub Station, New Kakinada, D 3 Section, East Godavari District. 5. Y. Ganapathi Rao, S/o Saibaba, aged 27 years. Working as Shift Operator 33/11 K V Electrical Sub Station, Kamanagaruvu, Amalapuram Mandal, East Godavari District. 6. T.P.V. Appa Rao, S/o Satya Rao, aged 32 years. Working as Shift Operator 33/11 K V Electrical Sub Station, Bayyavaram, Kasinkot Mandal, Visakhapatnam District. 7. D.V.S.R.Appala Naidu, S/o Suri Appa Rao, aged 28 years. Working as Shift Operator 33/11 K V Electrical Sub Station, Bayyavaram, Kasinkot Mandal, Visakhapatnam District. V 8. M. Kumarnath, S/o Venkata Krishna Rao, aged 33 years, Working Shift Operator 33/11 K V Electrical Sub Station, Housing Board Colony Machilipatnam, Krishna District. 9. N. Srinivasa Rao, S/o Jagan Mohan Rao, aged 38 years. Working Shift Operator 33/11 K V Electrical Sub Station, Ghantasala, Krishna District. as as ...PETITIONERS AND 1. Government of Andhra Pradesh, Represented by its Principal Secretary to Government, Labour, Employment, Training & Factories (Lab.II) Department at Secretariat, Hyderabad. 2. Transmission Corporation of Andhra Pradesh Limited, Somajiguda, Hyderabad Represented by its Chairman and Managing Director. 3. Eastern Power Distribution Co. of A P Limited, Near Gurudwar, P & T Colony, Sithammadhara Visakhapatnam, represented by its Chairman and Managing Director. 4. Southern Power Distribution Co. of A P Limited, Tirupathi, Chittoor District Represented by its Chairman and Managing Director. 5. The Superintending Engineer, Operation, Electrical Southern Power Distribution Co. of AP Limited, PWD Grounds, Bandar Road, Vijayawada, Krishna District. 6. The Superintending Engineer, Operation, Electrical Eastern Distribution Co. of AP Limited, Old Power House Compound, Godavari River Bund, Rajahmundry, East Godavari District. 7. The Superintending Engineer, Operation, Electrical Eastern Power Power Distribution Co. of AP Limited, Eastern Street, Eluru, West Godavari District. 8. The Superintending Engineer, Operation„Electrical Eastern Power Distribution Co. of AP Limited, Daba Gardens, Visakhapatna 9. The Additional Commissioner of Labour & Designated Authority of Commissioner of Labour Andhra Pradesh, Hyderabad. m. Office ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondents No.2 to 4 in not implementing G O Ms No.5, Labour, Employment, Training and Factories (Lab.II) Department dt 24.1.2011 issued by first respondent, as illegal and arbitrary and to consequently direct the Respondent Nos.2 to 4 to forthwith implement the above G O by further directing the Respondent Nos.2 to 4 to treat the petitioners No.2 to 9 herein and several other Shift Operators working in various 33/11 KV Sub Stations under their control as regular employees, by regularizing their services, and by extending the regular pay scales and other benefits to them on par with departmental employees working in various 33/11 KV Sub Stations and designated as Lineman; Award costs. I.A. NO: 1 OF 2011(WPMP. NO: 18451 OF 2011) 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 issue interim directions to the Respondents to forthwith consider the representation made by first petitioner on 31.1.2011 13.4.2011 and 25.5.2011 for implementation of G.O.Ms.No.5, Labour, Employment, Training and Factories (Lab.II) Department dt 24.1.2011 issued by first respondent, pending disposal of W.P. No. of 2011. 9.2.2011, Counsel for the Petitioners: SRI K. RAGHUVEER REDDY Counsel for the Respondent Nos.1 & 9: GP FOR LABOUR Counsel for the Respondent Nos.2,3 & 4: SRI K. NARSI REDDY Counsel for the Respondent Nos.6 to 8: SRI METTA CHANDRA SEKHAR (SC FOR APEPDCL) The Court made the following: ORDER -V APHC010343592011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15382/2011 Between; Ap Contract Labour Union & 8 Others, and Others ...PETITIONER(S) AND Govt Of Ap PrI Secry 8 Others and Others Counsel for the Petitioner(S): 1.KRAGHUVEER REDDY 2.KNARSI REDDY Counsel for the Respondent(S): 1.GP FOR LABOUR 2.P LAKSHMA REDDY 3. P ANAND SESHU (SC FOR APEPDCL) 4.METTA CHENDRA SEKHAR RAO 5.ANUP KOUSHIK KARAVADI(SC FOR APTRANSCO) 6.KUDAYASRI ...RESPONDENT(S) The Court made the following Order: The 1®' petitioner is a union representing the workmen. The other petitioners were working as shift operators in different sub stations belonging to the respondents. The learned counsel for the petitioners submits that the writ 2. petition is now confined to the plea of the petitioner Nos.2, 3 and 4 only, as petitioner Nos. 5 to 9 are working elsewhere in other departments. 2 3. The petitioners have been working for the last 20 to 25 and are continuing as shift operators years on a contract basis. The learn^ counsel for the petitioners submits that though the officers of the respondents recommended regularization of the the petitioners, the competent authority has not regularized their services of services. It is also submitted that G.O.Ms.No.5, dated 24.01.2011 was not strictly followed by the respondents. 4. The learned Standing counsel for the respondents submits that the G.O.Ms.No.5 is kept in abeyance and that the respondents have outsourced the shift operators to eligible contractors and that there is no scope for regularizing the services of the petitioners. 5. Considering the submissions of both the counsel, petitioner Nos.3 and 4 shall submit a representation duly bringing to the notice of the concerned respondents their grievance and continuous The respondents shall consider the representation submitted on their own merits and pass orders in accordance with law, within a period of four (04) weeks from the submission of such representation. service. so 6. With these observations, the writ petition is disposed off. There shall be no order as to costs. «r. 3 V As a sequel, pending miscellaneous petitions, if any, shall stand closed. y SD/- K. TATA RAO DEPUTY REGISTRAR / \ //TRUE COPY// i ^TtajfoTFICER SE To, 1. The Principal Secretary to Government Labour, Employment, Training & Factories (Lab.II) Department, State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravati, Guntur. 2. The Chairman and Managing Director, Transmission Corporation of Andhra Pradesh Limited, Vijayawada. 3. The Chairman and Managing Director, Eastern Power Distribution Co. of A P Limited, Near Gurudwar, P & T Colony, Sithammadhara Visakhapatnam. 4. The Chairman and Managing Director, Southern Power Distribution Co. of A P Limited, Tirupathi, Chittoor District. 5. The Superintending Engineer, Operation, Electrical Southern Power Distribution Co. of AP Limited, PWD Grounds, Bandar Road, Vijayawada, Krishna District. 6. The Superintending Engineer, Operation, Electrical Eastern Power Distribution Co. of AP Limited, Old Power House Compound, Godavari River Bund, Rajahmundry, East Godavari District. 7. The Superintending Engineer, Operation, Electrical Eastern Power Distribution Co. of AP Limited, Eastern Street, Eluru, West Godavari District. 8. The Superintending Engineer, Operation, Electrical Eastern Power Distribution Co. of AP Limited, Daba Gardens, Visakhapatnam. 9. The Additional Commissioner of Labour & Designated Authority, Office of Commissioner of Labour Andhra Pradesh,Vijayawada. 10. One CC to Sri K. Raghuveer Reddy, Advocate [OPUC] 11. One CC to Sri K. Narsi Reddy, Advocate[OPUC] 12. One CC to Sri Metta Chandra Sekhar, SC for APEPDCL[OPUC] 13. Two CCs to GP for Labour, High Court of Andhra Pradesh. [OUT] 14. Three CD Copies. h HIGH COURT 4'- £ bATED:07/01/2025 ,-^rs. 1 ..'• «/ 4 ( ORDER WP.No.15382 of 2011 1 2 1 JAN 2C23 ;'|X ’lo Current Section DISPOSING OF THE W.P. WITHOUT COSTS