APHC010377892022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23010 OF 2022 Between: 1. BYREDDY VENKATARAMI REDDY, S/O. CHINNA GANGI REDDY, AGE- 51 YEARS, OCC- CONTRACT LABOUR, R/O. 4-44, ERALLAPALLI VILLAGE, ALLIBHALA POST, VEERAPUNAYUNIPALLI MANDAL, KADAPA DISTRICT, ANDHRA PRADESH-516321 ...PETITIONER AND 1. THE AP GENCO, REP. BY ITS MANAGING DIRECTOR, VIDYUTH SOUDHA, GUNADALA, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH-520004. 2. THE CHIEF ENGINEER OANDM, RAYALASEEMA THERMAL POWER PROJECT, V.V.REDDY NAGAR, KADAPA, KADAPA 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 to issue a writ or order, orders or directions more particularly one in the nature of Writ of Cettiorarified Mandamus declaring the action of the respondents in not absorbing the services of petitioner on par with other similarly situated whose services got absorbed w.e.f., 06-12-1997 and also on par with contract labour/claimants/respondents in WP No.21947 of 2005, dt.16-03-2017, WA No.1269 of 2017, dt.24-02-2022 (arising out of Award dt.15-06- 2000 passed in ID No.218 of 2000 on the file of Industrial Tribunal- cum-Labour Court , Anantapur) and WP No 1433 of 2010, dt.07-01- 2016 (arising out of Award dt.17-07-2009 passed in ID No.339 of 2004 on the file of Industrial Tribunal-cum-Labour Court, Anantapur) in the light of the G.O.Ms. No.41 Labour Employment Training and Factories (Lab.II) Department, dt.23-09- 1996, B.P (PandG Per) Ms. No.37, 2 dt.18-05-1997 and B.P (PandG Per) Ms. No.260, dt.19-12-1997 of the then APSEB by according all incidental and consequential service- cum-monitory benefits attached to the post except back-wages and arrears of salary as illegal, arbitrary, discriminative, misfeasance, malfeasance, nonfeasance, perverse, opposed to 'doctrine of double jeopardy', besides violative of Arts.14 and 16 of the Constitution of India by calling the records of their service particulars as well as the service particulars of others whose services got absorbed already and going to be absorbed in the light of G.O.Ms. No.41 and B.P.Ms. No.37, and also ii. No.41 and B.P.Ms. No.37, and also ii. consequently, direct the respondents to absorb the services of the petitioner also on par with other similarly situated whose services got absorbed w.e.f., 06-12-1997 and also on par with contract labour/claimants/respondents in WP No.21947 of 2005, dt.16- 03-2017, WA No.1269 of 2017, dt.24-02-2022 (arising out of Award dt.15-06-2000 passed in ID No.218 of 2000 on the file of Industrial Tribunal-cum-Labour Court, Anantapur) and WP No.4133 of 2010, dt.07-01-2016 (arising out of Award dt.17-07-2009 passed in ID No.339 of 2004 on the file of Industrial Tribunal-cum-Labour Court, Anantapur). Counsel for the Petitioner: 1. PEETA RAMAN Counsel for the Respondent(S): 1. M. VIDYASAGAR, ( STANDING COUNSEL FOR APGENCO ) 2. K.KRISHNABUSHAN CHOWDARY SC For APGENCO The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23010 of 2022 ORDER:- A Division Bench of this Court in W.A.No.1045 of 2022, directed the petitioners therein to invoke the provision of Section 10(A) of the Industrial Disputes Act, 1947, before the Labor Court/Tribunal and, in the event of such claim is filed within a period of four weeks from the date of receipt of copy of the said order in Writ Appeal, the claims shall not be adjudicated on the point of limitation and shall be considered and disposed of on merits. 2. Learned counsel for the petitioner would submit that the issue in the present Writ Petition is squarely covered by the orders of this Court in the aforesaid W.A.No.1045 of 2022 and hence requested this Court to permit the petitioner herein to withdraw the Writ Petition and to allow the writ petitioner to invoke the provision of Section 10(A) of the Industrial Disputes Act, 1947, and the same is also endorsed on the bundle. 3. Permission is accorded and accordingly, the Writ Petition is dismissed as withdrawn, however the writ petitioner is at liberty to avail the remedy to invoke the provision of Section 10(A) of the Industrial Disputes Act, 1947, within a period of four (4) weeks from the date of 4 receipt of a copy of this order and the Tribunal is directed not to adjudicate on the point of limitation and if the petitioner invokes the jurisdiction under the provision of Section 10(A) of the Industrial Disputes Act within a period of four (4) weeks from the date of receipt of a copy of this order, the Industrial Tribunal is hereby directed to dispose of the same in accordance with law, as expeditiously as possible and the conditions stipulated in the Writ Appeal shall be applicable to the present facts of the case. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 23.07.2026 siva 5 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.23010 of 2022 23.07.2026 ssiivvaa