IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos :6711, 7141, 7142, 7880 and 7887 of 1999 W.P.No.6711 of 1999: Between: 1 Divisional Signal & Telecommunications Engineer (Constn) II, South Central Railway, Secunderabad. 2 Chief Signal Inspector, Signal & Construction, South Central Railway, Secunderabad. ..... PETITIONERS AND 1 V.Gopala Krishna, Ananthapur. 2 Labour Court, A.P., Hyderabad. .....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 issue a writ of certiorari or any other appropriate writ order or direction thereby setting aside the order passed by the R2 Viz., Labour Court, A.P., Hyd in C.M.P.NO.3584 DT 13-3-92 as null and void illegal arbitrary by calling for records and allow the writ petition with costs through out. W.P.No.7141 of 1999 Between: 1 Divisional signal & Telecomunications Engineer (Const)II, South Central Railway, Secunderabad. 2 Chief Signal Inspector, signal & Construction, South Central Railway, Secunderabad. ..... PETITIONERS AND 1 A.Mallesham, 2 Labour Court, A.P., Hyderabad. .....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 issue a writ of certiorari or any other appropriate writ order or direction thereby to quash the order passed by the R2 viz., Labour Court, A.P., Hyd in C.M.P.NO.42 84 DT 13-3-92 as null and void illegal, and arbitrary by calling the records and allow the writ petition with costs throughout. W.P.No.7142 of 1999: Between: 1 Divisional Signal and Telecommunication Engineer (Constn) II South Central Railway, Secuderabad. 2 Chief Signal Inspector, Signal & Construction, South Central Railway, Secuderabad. ..... PETITIONERS AND 1 A.John Loper, 2 Labour Court, Hyderabad, Andhra Pradesh. .....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 issue a Writ of Certiorari or any other appropriate Writ order or direction thereby setting aside the order passed by the second respondent Viz., Labour Court, A.P., Hyderabad in c.M.P.No.43 of 1984 dt. 13.3.1992 as null and void illegal, and arbitrary by calling the records and allow the Writ Petition with costs throughout. W.P.No.7880 of 1999: Between: 1 Divisional Signal and Telecomminication Engineer (Constn)II South Central Railway, Secunderabad. 2 Chief Signal Inspector, South Central Railway, Secunderabad. ..... PETITIONERS AND 1 Mohd. Gulam Samdani 2 Labour Court, Hyderabad, Andhra Pradesh. .....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 issue a Writ of Certiorari or any other appropriate Writ order of direction thereby setting aside the order passed by the 2nd respondent viz., Labour Court, A.P., Hyderabad in C.M.P.No.62 of 1984 dt. 13.3.1992 as null and void illegal, and arbitrary, by calling the records and allow the Writ Petition with costs throughout. W.P.No.7887 of 1999: Between: 1 Divisional Signal and Telecommunication Engineer (Constn)II South Central Railway, Secunderabad. 2 Chief Signal Inspector, Construction Department, South Central Railway, Secunderabad. ..... PETITIONERS AND 1 K.Narasaiah 2 Labour Court, Hyderabad, Andhra Pradesh. .....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 issue a Writ of Certiorari or any other appropriate Writ order or direction thereby setting aside the order passed by the 2nd respondent viz., Labour Court, A.P., Hyderabad in c.M.P.No.69 of 1984 dt. 13.3.1992 as null and void illegal, and arbitrary by calling the records and allow the Writ Petition with costs throughout. Counsel for the Petitioners: MR.GOURI SHANKAR SANGHI Counsel for the Respondents: GP FOR LABOUR The Court made the following : COMMON ORDER: As the point involved in all the Writ Petitions is one and the same, they are taken up together and disposed of by this Common Order. 2. When all the matters are taken up for hearing, Sri Gouri Shanker Sanghi, learned Standing Counsel for Railways, submitted that in all, 37 writ petitions were filed by the Railways and out of them, 32 writ petitions were listed before a learned Single Judge of this Court and having heard both sides, the learned Single Judge allowed all the 32 writ petitions, by a common order dated 23.04.2008 in W.P.No.6706/99 and batch, and quashed the impugned proceedings dated 13.03.1992 passed by the second respondent under Section 33-C(2) of the Industrial Disputes Act. 3. In the light of the common order dated 23.04.2008 passed by the Single Judge of this Court in all the 32 writ petitions, this Court is of the view that all the five writ petitions shall also be allowed. 4. Accordingly, all the five Writ Petitions are allowed and the impugned proceedings passed by the second respondent in C.M.P.Nos.35/1984, 42 of 1984, 43 of 1984, 62 of 1984 and 69 of 1984 dated 13.03.1992 are hereby quashed. No costs. ____________________ GOPALA KRISHNA TAMADA, J Date: 04.06.2009. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.6711, 7141, 7142, 7880 and 7887 of 1999 (Allowed ) Date:04.06.2009 CBS