IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23196 OF 2011 Between: The Management Of Sri Sivani Enterprises,Amadalavalasa., Rep. by its Proprietor, B. Rama Krishna, S/o. Late B. Narayana Murthy, aged 47 years, Occ: Business, HP GAS Dealer, Mettakkivalasa, Amadalavalasa, Srikakulam Dist. ...PETITIONER AND 1. The Presiding Officer, Industrial Tribunal-Cum-Labour Court Visakhapatnam. 2. Mediboyina Satyam, S/o. Late Adinarayana Lorry Driver Mettakkivalasa Teachers Colony, Amadalavalasa, Srikakulam Dist. 3. Piliu Rama Mohan Rao @ Srinu, S/o. Late Krishna Murthy Venkataramana Lorry Service B.R. Nagar, Amadalavalasa, Srikakulam Dist. 4. Pilla Rajeshwari, W/o. Late Krishna Murthy Venkataramana Lorry Service Main Road, Mettakkivalasa, Amadalavalasa, Srikakulam Dist. 5. M/s. Devi Prasad Enterprises, H.P. Gas Dealer, Balaga, Srikakulam, Rep. by its Proprietor, D.I. Mohan Varma, S/o. D.S. Raju, aged 63 years, Occ: Business, R/o. Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or writ more particularly one in the nature of writ of Certiorari calling records relating to the Award in I.D. No 106 of 2005 dt 07-07-2008 which was published vide G.O.Rt. No. 2068, dt. 23-10-2008 published on 29-11-2008 wherein it directs the petitioner to reinstate the 2nd respondent into service with continuity of service, with back wages and with attendant benefits and quash the to extent of petitioner's liability. [.A. N(^: 2 0F 2011fWPMP. NO: 28398 OF 20111 , Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the award in I.D. No. 106 of 2005 dated 07-07-2008 which was publishedvide G.O.Rt.No. 2068, dated 23-10-2008 published on 29-11-2008 wherein it directs the petitioner to reinstate the 2nd respondent into service with continuity of service, with back wages and with attendant benefits to the extent of petitioner's liability in the interest of justice. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. ALAPATI ROHINI SRINIVAS MURTHY Counsel for the Respondent No.1: GP FOR LABOUR The Court made the following: ORDER same 7 % APHC010579802011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23196/2011 Between: The Management Of Sri Sivani Enterprises,amadalavalasa. ...PETITIONER I AND ...RESPONDENT(S) The Presiding Off Indus Trib Cum Labour Court Vskptnm 4 and Others Counsel for the Petitioner: 1.ALAPATI ROHINI SRINIVAS MURTHY Counsel for the Respondent(S): 1.GP FOR LABOUR The Court made the following Order: The petitioner is challenging the award passed in I.D.No.106 of 2008 dated 07.07.2008, whereby the 2"^^ respondent was directed to be reinstated into service. The 2'"'^ respondent was working as a driver, transporting HP Gas cylinders from the stock point to the godown of the petitioner. The petitioner was a HP Gas dealer in the District of Srikakulam. While conducting their business, the petitioners engaged the services of a third party for the transportation of the gas cylinders. 2. HN, J W.P.No.23196 2011 2 The respondent Nos.3 and 4 provided lorry services by engaging drivers for transporting the gas cylinders. i 3. The respondent Nos.3 and 4 removed the 2"*^ respondent from service. Aggrieved by the termination, the 2"^^ respondent approached the Labour Court and filed I.D.No.106 of 2005. The petitioner was also made a party respondent before the Labour Court, Visakhapatnam. The learned counsel for the petitioner submits that there i _ employer-employee relationship between the petitioner and the 2'’'^ respondent. It is also submitted that the Labour Court, without considering the same, directed the respondents to reinstate the petitioner into service, together with back wages and continuity of service. 4. IS no J 5. There is no representation for the respondents today and counter-affidavit has been filed. no 6. Even as per the award, it is recorded that the 1 St respondent therein, i.e., the 3^^^ respondent herein, had terminated the 2"^^ respondent from service. The documents filed by the petitioner therein are the correspondence exchanged between the workmen and the employer of the workmen. The petitioner is not a privy to I HN, J W.P.No.23196 2011 3 the said correspondence. In that scenario, the Labour Court ought not to have directed the petitioner herein, along with respondent Nos.3, 4 and 5, to reinstate the 2"*^ respondent into service. nd Admittedly, the petitioner is not the paymaster of the 2 respondent, nor is the 2"^^ respondent a worker under the command and control of the petitioner. The Labour Court has lost sight of this fact and passed the award and issued directions to all the respondents therein to reinstate the 2^^ respondent. 7. / This Court, considering the nature of business of the petitioner and also taking into account, the petitioner had never engaged the services of the 2"'^ respondent, modifies the operation of the award to the extent that it applies to the petitioner only. 8. This Court is of the considered opinion that the award 9. deserves to be modified to the extent of directing the respondent 1 Nos.3, 4 and 5 herein to be responsible for compliance with the award. With these observations, the writ petition is allowed. There 10. shall be no order as to costs. f HN, J W.P.No.23196 2011 As a sequel, pending miscellaneous petitions stand closed. 4 if any, shall Sd/- B CHITTI JOSEPH assistant registrar SECTION OFFICER \ //TRUE COPY// To, Industrial Tribunal-Cum-Labour Court ALAPATI ROHINI SRINIVAS MURTHY Advocate 1. The Presiding Officer Visakhapatnam. 2. OneCCto SRI. 3. Lo CCS to GP for LABOUR .High Court Of Andhra Pradesh. [OUT] 4. THREE CD COPIES kr vna HIGH COURT DATED:22/01/2025 \ ORDER WP.No.23196 of 2011 OP AND^ § 2 2 MAY 2025 S S' >«;s m ALLOWING THE WP WITHOUT COSTS