IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 11523 of 2006 Between: 1 A. Prathap Reddy, (EC.No. 1152509) S/o. Malla Reddy Singareni Collieries Company Ltd., Godavarikhani, Karimnagar District. 2 A. Rajeshwar (EC.No. 1419553) S/o. Laxmiaiah Singareni Collieries Company Ltd., Godavarikhani, Karimnagar District. 3 D. Kumuraiah (EC.No. 1151244) S/o. Narsaiah Singareni Collieries Company Ltd., Godavarikhani, Karimnagar District. 4 Dasri Odelu (EC.No. 1122116) S/o. Lingaiah Singareni Collieries Company Ltd., Godavarikhani, Karimnagar District. PETITIONER(S) AND 1 The Singareni Collieries Company Ltd., Rep. by its General Manager, RG-II Area, 2 The Government of India, Ministry of Labour, New Delhi, Rep. by its Secretary. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ or order or direction, especially one in the nature of writ of Mandamus: i. declare the action of the 1st Respondent in not protecting petitioners pay while posting them as Conveyor Operators as illegal, arbitrary and the consequential action of the 2nd Respondent in refusing to refer the matter of Adjudication to the Industrial Tribunal Vide Proceedings No. L- 22012/233/2004-IR(CM-II) Dt. 29-7-2004 as illegal and arbitrary and set-a-side the same. ii. consequently direct the 1st Respondent to protect petitioners wage while posting them as Conveyor Operators, duly granting all other consequential beneﬁts or in the alternative direct the 2nd Respondent to refer the subject matter of failure of concilation report No. 1/3/2003-ALC/MCI dt. 21-6-2004 from the ALC (Mancherial) to the Industrial Tribunal for adjudication on merits. iii. and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondent No.: . The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.11523 of 2006 ORAL ORDER: This writ petition is ﬁled seeking a Mandamus declaring the action of the second respondent in refusing to refer the dispute for adjudication to the Industrial Tribunal vide proceedings dated 29.7.2004 as arbitrary and illegal. It appears, petitioners raised a dispute as to protection of their pay while posting them as Conveyor Operators. Since conciliation failed, the matter was referred to the second respondent for consideration for being referred to the Industrial Tribunal for adjudication. The second respondent vide impugned proceedings dated 29.7.2004 refused to refer the matter to the Industrial Tribunal observing as follows: “It is reported that the management is following the provisions of NCWA and JBCCI agreements decision in respect of pay fixation No.1.D.subsists?” I am of the opinion that this is not the way in which a dispute needs to be considered for being referred to the Industrial Tribunal for adjudication. The second respondent unilaterally and arbitrarily rejected the case of petitioners stating that the Company has been following the rules. This is not a stage where the dispute has to be decided. The only issue that needs to be considered was whether the matter can be referred to the Industrial Tribunal for adjudication of the dispute, or not. Such an exercise was not done. This is a simple case of seeking protection of pay of the employees who were posted as Conveyor Operators. No plausible reasons have been furnished by the second respondent for refusing the matter for being referred to the Industrial Tribunal. For the foregoing reasons, the impugned order is set aside and the second respondent is directed to refer the matter to the Industrial Tribunal concerned for adjudication of the dispute that arises for consideration. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 13.10.2008 DA THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.11523 of 2006 13.10.2008