APHC010497772003 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14406/2003 Between: 1.B.K. PATNAIK, S/O.(LATE) B. DHARMA RAO,, GRADE "A" DECK FOREMEN (REGISTERED SCHEME), VISAKHAPATNAM DOCK LABOUR BOARD, R/O. VISAKHAPATNAM. 2.D.V.S. TRIPATHY, S/O.D.BHAGWAN TRIPATHY,, GRADE "A" DECK FOREMEN (REGISTERED SCHEME), VISAKHAPATNAM DOCK LABOUR BOARD, R/O. VISAKHAPATNAM. 3.B.LALITHA KUMARI, W/O. LATE B.K.PATNAIK, AGED ABOUT 67 YEARS,R/O. D.NO.26-18-5, FLOWERLANE, NEAR HEAD POST OFFICE, VEELAMPETA, VISAKHAPATNAM. PETITIONER NO. 3 BROUGHT ON RECORD AS LR TO DECEASED PETITIONER NO.1 AS PER COURT ORDER DT.13-02-2020 VIDE IA.NO.1/2018 ...PETITIONER(S) AND 1.VISAKHAPATNAM DOCK LABOUR BOARD, REP. BY ITS CHAIRMAN, VISAKHAPANAM. 2.E C BOSE CO VISAKHAPATNAM PVT LTD, REP. BY ITS EXECUTIVE DIRECTOR, TARAPADA BHAVAN, 24-1-12, THOMSON STREET, VISAKHAPATNAM - I. 3.VISAKHAPATNAM PORT TRUST, REP. BY ITS CHAIRMAN, VISAKHAPATNAM-35 RESPONDENT NO.3 IS IMPLEADED AS PER COURT ORDER DT.01/02/2012 IN WPMP NO.35464/11 ...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 toto issue a Writ of Mandamus or any other appropriate writ declaring that the action of the 2nd respondent contained in its order dated 03.07.2003 purporting to terminate the services of the petitioners from the category of Grade "A" Deck Foremen (Registered Scheme), Visakhapatnam Dock Labour Board, is arbitrary, illegal and contrary to the provisions contained in the Visakhapatnam Dock Workers (Regulation of Employment) Scheme, 1959 and consequently direct rhe respondents to continue the petitioners as Grade "A" Deck Foremen (Registered Scheme) and allow all consequential benefits and grant such other relief as it deems fit in the circumstances of the case. IA NO: 1 OF 2003(WVMP 2892 OF 2003 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 vacate the interim order dated 18-7-2003 passed in W.P.M.P.No.17831 of 2003 in W.P.No. 14406 of 2003 IA NO: 2 OF 2003(WPMP 17831 OF 2003 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 and effect of the order of the 2nd respondent dated 03.07.2003 purporting to terminate the services of the petitioners from the category of Grade "A" Deck Foremen (Registered Scheme), Visakhapatnam Dock Labour Board. IA NO: 1 OF 2011(WPMP 35464 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 permit the petitioners herein to implead the 3rd Respondent Visakhapatnam Port Trust, represented by its Chairman, Visakhapatnam, as a party Respondent i.e. 3rd Respondent in the writ petition, and all the connected miscellaneous petitions in the said writ petition, as a successor in interest of the 1st Respondent, in the interest of justice, and grant IA NO: 1 OF 2018 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 permit the petitioner to come on record as legal representative of the deceased 1st petitioner/B.K Patnaik, as writ petition in the above writ petition No. 14406/2003 and grant Counsel for the Petitioner(S): 1.V VENKATARAMANA 2.. 3.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.V B SUBRAHMANYAM 2.. 3.P SRI RAM The Court made the following: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.14406 of 2003 ORDER: The present writ petition was instituted questioning the action of 2nd respondent in issuing the Order dated 03.07.2003, purported to terminate the services of the petitioners from the category of Grade ‘A’ Deck Foremen (Registered Scheme), Visakhapatnam Dock Labour Board, as arbitrary, illegal and contrary to the provisions contained in the Visakhapatnam Dock Workers (Regulation of Employment) Scheme, 1959 and consequently to continue them in their services. 2. This Court, while issuing notice by the interim order dated 18.07.2003, suspended the impugned order of termination. The said interim order is in force as on date. The petitioners were aged about 51 & 52 years respectively at the time of institution of this writ petition. 3. Learned counsel for the petitioners’ submits that he tried to contact the parties; however, he could not secure any instructions so far. He further submitted that the petitioner No.1 died and later, his wife, being legal heir, has been impleaded as the petitioner No.3 in this writ petition. 4. Learned counsel appearing on behalf of 1st respondent, which has subsequently merged with the Visakhapatnam Port Trust, submits that since the petitioners were engaged by 2nd respondent and the impugned order was also passed by 2nd respondent, it is for 2nd respondent to defend the matter. There is no representation on behalf of 2nd respondent. 5. As can be seen, the petitioners were aged about 50 years at the time of institution of the present writ petition, which is in the year 2003. In view of the Interim Order which protected them to continue in service, due to paucity of time, the petitioners, on account of attaining the age of superannuation, would have retired from the services, therefore, this Court is of the opinion that no purpose would serve to keep the matter pending. 6. Accordingly, the writ petition stands closed. In case, the petitioners have any further claim with respect to the monetary benefits, if any they are entitled to, liberty is granted to make appropriate representation to the respondents, and on such representation being made, the respondents are directed to consider the same and pass appropriate orders in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 22.01.2026 CVD