IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 14330 of 1999 Between: Regional Manager Central Warehousing Corporation, Behind Gandhi Bhavan, Nampalli, Hyderabad.-- ..... PETITIONER AND 1 Industrial Tribunal-cum-Labour Court, Nehrunagar, Visakhapatnam -- 530 002. 2 General Secretary Central Wareshousing Corporation Workers Union, Central Warehouse, G.T. Road, Guntur -- 522 004. 3 Government of India Rep. by its Secretary Ministry of Labour, Rafi Marg, New Delhi -- 110 001 .....RESPONDENT(S) 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 issue a writ of certiorari or any other appropriate writ, order, or directions calling for the records relating to I.D.I.T. No 3/96 on the file of the 1st respondent herein and quash the award dated 11-1- 1999 passed therein and (ii) pending disposal of the above Writ Petition, the petitioner herein prays this Hon'ble court may be pleased to stay all further proceedings in pursuance of award dated 11.1.1999 I.D.I.T. No. 3/96 on the file of 1st respondent herein as otherwise, the Petitioner will be put to great hardship and loss. Counsel for the Petitioner: MR.G.RAMACHANDRA RAO Counsel for the Respondent Nos.1 to 3: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER This writ petition is directed against an award dated 11.1.1999 in I.D.I.T.No.3 of 1996 made by the Industrial Tribunal- cum-Labour Court at Visakhapatnam whereunder the petitioner- Management was directed to appoint the respondent- V.R.V.Laxminarayana s/o V.(late) Brahmaiah to a suitable post on compassionate grounds as per rules. While admitting the writ petition on 13.7.1999 in WPMP No.17575 interim stay of the operation of the impugned award was granted. Thereafter, the same was made absolute on 27.6.2002. The writ petition is coming up for final hearing after nine years. The facts are not much in dispute. It appears that father of the claimant V.R.V.Laxminarayana worked as Dusting Operator in the petitioner-Central Warehousing Corporation, Hyderabad. While so, he retired on medical invalidation with effect from 5.1.1992 and subsequently expired. However, the claimant made an application to the petitioner-Corporation seeking appointment on compassionate grounds meant for children of medically invalidated employees. It appears that an enquiry was conducted and on the basis of the enquiry, the claim of the respondent was rejected. Therefore, the unit of the Central Warehousing Workers Union had taken up the cause and raised a dispute for conciliation. Ultimately, the dispute was referred to the Industrial Tribunal-cum-Labour Court under Section 10 (1) ( c ) of the Industrial Disputes Act, 1947. After a detailed consideration of the entire material placed before it, Labour Court found that Ex.W1 clearly proves that compassionate appointment can be given to the dependants of the Government servants who retired on medical grounds. However, it has not taken note of the Enquiry Officer, who submitted a report stating that the wife of Brahmaiah, who was a teacher, getting a pension of Rs.900/- and that the family had cash of three lakhs and one acre of agricultural land by which they are getting an income of Rs.5,000/- per annum, while granting the relief of compassionate appointment. There is no necessity to go into all the details. The question that arises for consideration is whether providing employment on compassionate grounds to the children of medically invalidated employees, is constitutionally valid. The question that arises for consideration is no more res integra. A person, who retired on medical grounds, is not entitled to seek appointment on compassionate grounds. Even if such a scheme available, it was held to be in violation of Article 16 (2) of Constitution of India as per the judgment reported in Government of Andhra Pradesh v. D.Gopaiah[1]. In view of the same, I am of the opinion that though Labour Court has passed an award as per the scheme available the award passed cannot be upheld in view of the above judgment, whereunder the practice of providing employment to the children of medically invalid employees was deprecated by this Court and held to be violative of the Article 16 (2) of the Constitution of India. Therefore, the award passed by the labour Court is liable to be set aside and accordingly set aside. Writ petition is allowed. No costs. ___________ 25-04-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Industrial Tribunal-cum-Labour Court, Nehrunagar, Visakhapatnam -- 530 002. 2 General Secretary Central Wareshousing Corporation Workers Union, Central Warehouse, G.T. Road, Guntur -- 522 004. 3 Government of India Rep. by its Secretary Ministry of Labour, Rafi Marg, New Delhi -- 110 001 4.2CD copies [1] 2001 (6) ALT 553 (F.B)