1 APHC010250622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 12669/2024 Between: 1. MULLA NAGOOR, S/O. JILANI, AGE 34 YEARS, OCC SHIFT OPERATOR (OUTSOURCING), 33/11 KV SUB-STATION, KARAMCHEDU, KARAMCHEDU VILLAGE, POST AND MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 2. KATTA BHASKARA RAO, S/O. RAJARATNAM, AGE 28 YEARS, OCC SHIFT OPERATOR (OUTSOURCING), 33/11 KV SUB-STATION, SWARNA, SWARNA VILLAGE AND POST, KARAMCHEDU MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 3. ATIURI SURESH, S/O. NAGESWARA RAO, AGE 31 YEARS, OCC SHIFT OPERATOR (OUTSOURCING), 33/11 KV SUB-STATION, MOTUPALLI, MOTUPALLI VILLAGE AND POST, CHINNAGANJAM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 4. KOMATIA ANKAMMA REDDY, S/O. NAGESWARA REDDY, AGE 32 YEARS, OCC SHIFT OPERATOR (OUTSOURCING), 33/11 KV SUB- STATION, MOTUPALLI, MOTUPALLI VILLAGE AND POST, CHINNAGANJAM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 5. MONNAM GOPI, S/O. SRINIVASA REDDY, AGE 31 YEARS, OCC SHIFT OPERATOR (OUTSOURCING), 33/11 KV SUB-STATION, MOTUPALLI, MOTUPALLI VILLAGE AND POST, CHINNAGANJAM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 2 6. VATAMBETI RAGHAVA REDDY, S/O. SRIRAMULA REDDY, AGE 34 YEARS, OCC SHIFT OPERATOR (OUTSOURCING), 33/11 KV SUB- STATION, MOTUPALLI, MOTUPALLI VILLAGE AND POST, CHINNAGANJAM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 7. SURAPUREDDY SRINU, S/O. VENKATA NARAYANA, AGE 26 YEARS, OCC SHIFT OPERATOR (OUTSOURCING) 33/11 KV SUB-STATION, CHERUKURU, CHERUKURU VILLAGE, POST AND MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 8. SHAIK BAJI VALI, S/O. SHAIK CHINNA KHAJA VALI, AGE 25 YEARS, OCC SHIFT OPERATOR (OUTSOURCING), 33/11 KV SUB-STATION, CHERUKURU, PARCHURU MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE CENTRAL POWER DISTRIBUTION CORPORATION OF AP LTD, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, BESIDE POLYTECHNIC COLLEGE, ITI ROAD, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH-520008. 2. THE CHIEF GENERAL MANAGER HR, APCPDCL, CORPORATE OFFICE, BESIDE POLYTECHNIC COLLEGE, ITI ROAD, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH-520008. 3. THE SUPERINTENDING ENGINEER O, APCPDCL, ONGOLE OPERATIONS CIRCLE, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 4. THE EXECUTIVE ENGINEER O, APCPDCL, CHIRALA OPERATION DIVISION, CHIRALA, BAPATIA DISTRICT, ANDHRA PRADESH. 5. THE DEPUTY EXECUTIVE ENGINEER 0, APCPDCL, VETAPALEM SUB-DIVISION, VETAPALEM, CHIRALA, BAPATIA DISTRICT, ANDHRA PRADESH. 6. THE DEPUTY EXECUTIVE ENGINEER 0, APCPDCL, PARCHURU SUB-DIVISION, PARCHURU, BAPATIA DISTRICT, ANDHRA 3 PRADESH. 7. THE ASSISTANT EXECUTIVE ENGINEER O, APCPDCL, KHAMCHEDU SECTION, KARAMCHEDU, BAPATIA DISTRICT, ANDHRA PRADESH. 8. THE ASSISTANT EXECUTIVE ENGINEER O, APCPDCL, CHINNAGANJAM SECTION, CHINNAGANJAM, BAPATIA DISTRICT, ANDHRA PRADESH. 9. THE ASSISTANT EXECUTIVE ENGINEER O, APCPDCL, PARCHURU SECTION, PARCHURU, BAPATIA DISTRICT, ANDHRA PRADESH. 10. M/S VIJAY ELECTRICAL ENGINEERING, REP. BY ITS PROPRIETOR MR. R. BHASKARA RAO, YAGNASALAPETA, KARAMCHEDU, BAPATIA DISTRICT, ANDHRA PRADESH. 11. MR KUNAMGARI GOVINDAIAH, S/O. VENKATESWARLU, AGE NOT KNOWN, OCC SHIFT OPERATOR (OUTSOURCING) (UNDER TRAINING), 33/11 KV SUB-STATION, MOTUPALLI, MOTUPALLI VILLAGE AND POST, CHINNAGANJAM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 12. MR MEDIKONDA PREMCHAND, S/O. DANAIAH, AGE NOT KNOWN, OCC SHIFT OPERATOR (OUTSOURCING) (UNDER TRAINING), 33/11 KV SUB-STATION, MOTUPALLI, MOTUPALLI VILLAGE AND POST, CHINNAGANJAM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 13. MR PULI RAMUDU, S/O. SUBBA RAO, AGE NOT KNOWN, OC SHIFT OPERATOR (OUTSOURCING) (UNDER TRAINING), 33/11 KV SUB- STATION, MOTUPALLI, MOTUPALLI VILLAGE AND POST, CHINNAGANJAM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 14. MR CHIRUMALA LAXMANA RAO, S/O. DANIYELU, AGE NOT KNOWN, OCC SHIFT OPERATOR (OUTSOURCING) (UNDER TRAINING), 33/11 KV SUB-STATION, MOTUPALLI, MOTUPALLI VILLAGE AND POST, CHINNAGANJAM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 15. MR P BALAMANIKANTUDU, S/O. VENKATA SRINIVASA RAO, AGE NOT KNOWN, OCC SHIFT OPERATOR (OUTSOURCING) (UNDER 4 TRAINING), 33/11 KV SUB-STATION, CHERUKURU, CHERUKURU VILLAGE, POST AND MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 16. MR DASARI PRAVEEN KUMAR, S/O. PRASAD, AGE NOT KNOWN, OCC SHIFT OPERATOR (OUTSOURCING) (UNDER TRAINING), 33/11 KV SUB-STATION, CHERUKURU, CHERUKURU VILLAGE, POST AND MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 17. MR DASARI VEERANJANEYULU, S/O. NAGAIAH, AGE NOT KNOWN, OCC SHIFT OPERATOR (OUTSOURCING) (UNDER TRAINING), 33/11 KV SUB-STATION, KARAMCHEDU, KARAMCHEDU VILLAGE, POST AND MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. 18. MR KAMBHAMPATI NAGARAJU, S/O. CHANDRASHEKHAR AGE NOT KNOWN, OCC SHIFT OPERATOR (OUTSOURCING) (UNDER TRAINING), 33/11 KV SUB-STATION, SWARNA, SWARNA VILLAGE AND POST, KARAMCHEDU MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 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 tomay be pleased to issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus i) declaring the action of the respondents 1 to 9 in general and 4th respondent in particular permitting the respondents 11 to 18 to work outsourcing Shift Operators for manning of their respective 33/11 KV Sub-Stations shown in cause title against their names by giving permission to the 10th respondent contractor illegally and unconstitutionally acting upon his representation dt.25-03-2024 to replace the petitioners with another set of outsourcing Shift Operators as illegal, arbitrary, discriminative and also contrary to the doctrine of legitimate expectation besides violative of Arts. 14, 16 and 21 of the Constitution of India and consequently, direct the respondents not to allow the respondents 11 to 18 for manning of 33/11KV Sub-Stations shown in cause title against their respective names and also direct the respondents 1 to 9 to allow the petitioners to discharge their duties as usual without any kind of interruption and pass such IA NO: 1 OF 2024 5 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 may be pleased to direct the respondents to allow the petitioners for manning the 33/11KV Sub-Stations shown in cause title against their respective names by treating the engagement of respondents 11 to 18 for manning of 33/11KV Sub- Stations shown against their respective names in cause title is contrary to the ratio laid down by the Hon’ble Apex Court as well as this Hon ble Court in catena of orders saying that one set of contract labour cannot be replaced by another set of contract labour and pass such Counsel for the Petitioner(S): 1. PEETA RAMAN Counsel for the Respondent(S): 1. VENKATASUBBAIAH V 2. GP FOR SERVICES I 3. V R REDDY KOVVURI (SC FOR APCPDCL) 4. V V SATISH The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 9 in general and 4th respondent in particular permitting the respondents 11 to 18 to work as outsourcing Shift Operators for manning of their respective 33/11 KV Sub Stations shown in cause title against their names by giving permission to the 10th respondent contractor illegally and unconstitutionally acting upon his 6 representation dated 25.03.2024 to replace the petitioners with another set of outsourcing shift operators as illegal and arbitrary. 2. Considering the averments made in the present writ petition that the petitioners were appointed and working as Shift Operator on outsourcing basis in 33/11KV Sub-Stations under the contractor. The identical issue has already been considered by the Division Bench of this Court in W.A.Nos.310, 311, 312 and 313 of 2024 vide its judgment dated 30.08.2024 and also in several writ petitions, this Court has also passed the orders. The Division Bench of this Court has observed which reads as under: “50. A reading of the judgment of the learned single Judge shows that, the writ petition was allowed observing that though the petitioners were engaged on contract basis, their services were required continuously for the organization. The duties and responsibilities entrusted to petitioners were of perennial nature. It could not be stated that the services of the petitioners were no longer required and as such there was no requirement of continuing the petitioners either on contract, casual, or daily basis. The writ petitioners claim was opposed by the company on the ground that they were engaged through contractor which aspect was extensively considered in W.A.No. 1478 of 1999 in which, following the decision of the Hon’ble Supreme Court in Suresh (supra), it was observed that the statutory body should not be permitted to violate the statute with impunity and the same would amount to unfair labour practice. Thus, the emphasis laid was on the judgment in W.A.No.1478 of 1999 which had attained finality as also on the fact that the writ petitioners were working for last twenty years and there was no adverse remarks against them from which it was drawn that they had rendered satisfactory service. 7 51. A reading of the judgment of the learned single Judge, however, does not show, any finding recorded on the aspect of the relationship of the employer and employee between the writ appellant and the writ petitioners.” 3. In the above orders following the judgments of Hon’ble Apex Court in VIII categorically held that the remedy to approach the Labour Court/Industrial Tribunal but not this Court by filing the writ petition. 4. Following the observations made by the Division Bench of this Court in W.A.Nos.310,311, 312 and 313 of 2024 vide its judgment dated 30.08.2024, the present writ petition is dismissed as not maintainable giving liberty to the petitioner to approach the appropriate Forum. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _____________ D. RAMESH,J Date:11.03.2026 Gk. 8 THE HON’BLE SRI JUSTICE D. RAMESH 67 WRIT PETITION No.12669 OF 2024 Date:11.03.2026 Gk