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2025 DAILYLAW 28963 (AP)

K JOSHIBABU v. THE STATE OF ANDHRA PRADESH

WP/21131/2025 · 2025-08-19

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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T APHC010413432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i H. WEDNESDAY, THE TWENTIETH DAY OF AUGU^t, TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 21131 OF 2025 Between: 1. K Joshibabu, S/o. Venkata Rao, Aged 54 years, R/o. Mulaguntapadu, Singarauakonda, Prakasam District. 2. M. Srinivasulu Reddy, S/o Venkateswara Reddy, Aged 56 years, R/o Acharivari Veedhi, Opp. RTC Bus Stand, Singarayakonda, Prakasam District. 3. Paladugu Sathish, S/o Venkateswara Rao, Aged 31 years, R/o D.No. 7- 217, Kotha Gollapalem, Singarayakonda, Prakasam District. 4. K.H.Sai Mallikarjuna, S/o Nagaraju, Aged 28 years, R/o Chennakesava Nagar, Near SBI Bank, Karedu Village, Ulavapadu Mandal, Prakasam District, ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Labour, Factories, Buildings and Insurance Medical Services (OP), Secretariat, Velagapudi Village, Amaravathi. 2. The Commissioner of Labour, State of Andhra Pradesh, Vijayawada. 3. industrial Tribunal Cum Labour Court, Guntur Represented by The Chairman-cum-Presiding Officer 4. Industrial Tribunal Cum Labour Court, Visakhapatnam, Represented by The Chairman-cum-Presiding Officer T 5. Pearl Distillery Private Limited, Represented by its authorized signatory Old Singarayakdnda, Singarayakonda Mandal, Prakasam District. ...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 grant an order, direction or writ, more so in the nature of Writ of Mandamus, the proceedings of Respondent No.1 in G.O.Rt No.179 Labour, Factories, Buildings and insurance. Medical Services (OP) Department dated 22.07.2025 transferring the cases in (i) I.D.No.62 of 2020, (ii) I.D.No.81 of 2020, (iii) I.D.No.82 of 2020, and (iv) l.D.No.101 of 2021 on the file of Industrial Tribunal-cum-Labour Court, Guntur to the file of the Industrial Tribunal-cum-Labour Court, Visakhapatnam with immediate effect without any notice to the Petitioners causing severe prejudice to the Petitioners as highly illegal, arbitrary, high-handed, violative of principles of natural justice, violative of Articles 14 of Constitution of India and consequently to set aside G.O.Rt No. 179 Labour, Factories, Buildings and Insurance, Medical Services (OP) Department dated 22.07.2025 issued by Respondent No.1 lA NO: 1 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 suspend the operation of G.O.Rt No.179 Labour, Factories, Buildings & Insurance, Medical Services (OP) Department dated 22.07.2025 issued by Respondent No.1 Counsel for the Petitioners: SRI ARUN SHOWRI G Counsel for the Respondents No.1 to 4: GP FOR LABOUR The Court made the following order: APHC010413432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [33281 Cl WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 21131/2025 Between; 1.K JOSHIBABU, S/0. VENKATA RAO, AGED 54 YEARS, MULAGUNTAPADU, SINGARAUAKONDA, PRAKASAM DISTRICT. R/0. 2.M.SRINIVASULU REDDY,, S/0 VENKATESWARA REDDY, AGED 56 R/0 ACHARIVARI VEEDHI, OPP. RTC BUS STAND, YEARS, SINGARAYAKONDA, PRAKASAM DISTRICT. S/0 VENKATESWARA RAO, AGED 31 7-217, KOTHA GOLLAPALEM, 3.PALADUGU SATHISH R/0 D.NO. YEARS, SINGARAYAKONDA, PRAKASAM DISTRICT. 4.K.H.SAI MALLIKARJUNA,, S/0 NAGARAJU, AGED 28 YEARS, R/0 CHENNAKESAVA NAGAR, NEAR SBI BANK, ULAVAPADU MANDAL, PRAKASAM DISTRICT, KAREDU VILLAGE, ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LABOUR, FACTORIES, BUILDINGS AND INSURANCE MEDICAL SERVICES (OP), SECRETARIAT, VELAGAPUDI VILLAGE, AMARAVATHI. 2.THE COMMISSIONER OF LABOUR, STATE OF ANDHRA PRADESH, VIJAYAWADA. 3. INDUSTRIAL TRIBUNAL CUM LABOUR COURT, GUNTUR 2 REPRESENTED BY THE CHAIRMAN-CUM-PRESIDING OFFICER 4. INDUSTRIAL TRIBUNAL CUM LABOUR COURT, VISAKHAPATNAM. REPRESENTED BY THE CHAIRMAN-CUM-PRESIDING OFFICER 5. PEARL DISTILLERY PRIVATE LIMITED. REPRESENTED BY ITS SIGNATORY SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. AUTHORIZED OLD SINGARAYAKONDA, ...RESPONDENT{S): Counsel for the Petitioner{S): 1.ARUN SHOWRI G Counsel for the Respondent(S); 1.GP FOR LABOUR The Court made the following: ORAL ORDER: Heard Sri G. Arun Showri, learned Counsel for the Writ Petitioners and Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Labour. 2. In compliance of the Order of this Court dated 13.08.2025, the Chairman-Cum-Presiding Officer Industrial Tribunal-cum-Labour Court, Guntur, has submitted the confidential Report under a sealed cover on 18.08.2025. 3. This Court has perused the Report rendered by the Chairman-cum- Presiding Officer, Industrial Tribunal-cum-Labour Court, Guntur. Having gone through the report, this Court is of the view that there are no cogent reasons for the said Presiding Officer to request the Government to transfer the cases bearing I.D. No.81/2020, I.D. No.82/2020, and I.D. No.101/2021. 4. 5. In this view of the matter, the docket order dated 12.04.2024 passed by the Presiding Officer in respect of the above I.D. cases is partly set aside to 3 the extent of directing the Officer to communicate the said docket Proceedings to the State of Andhra Pradesh for transfer of the Proceedings from the Industrial Tribunal-cum-Labour Court, Guntur. In view of the decision taken by this Court that there are no cogent reasons for transferring the above-mentioned Industrial Disputes from Guntur to another Tribunal, as a consequence, G.O.Rt. No.179, dated 22.07.2025, shall stand quashed. 6. There shall be a direction to the Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Guntur, to try and dispose of the above- mentioned Industrial Dispute cases bearing I.D. No.81/2020, I.D. No.82/2020, and I.D. No. 101/2021 within four (04) months from the date of submission of this Order to the learned Presiding Officer. 7. The Writ Petitioners are directed to submit a copy of this order to the Presiding Officer within two (02) weeks from today. 8. Needless to state that the parties shall cooperate with the Presiding Officer in all respects without seeking any adjournments. 9. With these observations and directions, this Writ Petition is allowed. No order as to costs. 10. Interlocutory Applications, if any, stand closed in terms of this order. 11. Sd/- U. SRSDEV! ASSISTANTi REGI^RAR ^FICER //TRUE COPY// SE To, of Andhra Pradesh, Department of Medical Services (OP), 1. The Principal Secretary, State Labour, Factories, Buildings and Insurance Secretariat, Velagapudi Village, Amaravathi. of Labour, State of Andhra Pradesh, Vijayawada. 2. The Commissioner 3. The Chairman-cum-Presiding Officer, Industrial Tribunal Cum Labour Court, Guntur 4. Chairman-cum-Presiding Officer, Industrial Tribunal Cum Labour Court, Visakhapatnam. 5. The Authorized Signatory, Pearl Distillery Private Limited, Old Singarayakonda, Singarayakonda Mandal, Prakasam District. 6. One CC to SRI ARUN SHOWRI G Advocate [OPUC] 7. Two CCs to GP FOR LABOUR High Court of Andhra Pradesh [OUT] 8. Two CD Copies GSG I HIGH COURT DATED: 20/08/2025 g 2 1 AUG 2025 |j ^ . Current Section ^Sia£gSPATC\<gg-^ ORDER WP NO. 21131 OF 2025 ALLOWING THE WP WITHOUT COSTS