IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NOS: 21489, 21582, 21859, 21862, 21961, 21966, 21997, 22958, 24966 and 25793 of 2003 WRIT PETITION NO: 21489 of 2003: Between: 1 A.Uma Maheshwari w/o Krishna r/o. West Godavari District. 2 K.Prasad Rao s/o. Sudarshan Rao 3 M.D.Suryam s/o. Gangaiah 4 K.Krishna s/o. Venkataratnam 5 N.Srinivasu s/o. Prabhudas ..... PETITIONERS AND 1 APSRTC, rep by its M.D, Musheerabad, Hyderabad-20. 2 The Regional Manager, APSRTC, West Godavari Region, Eluru, West Godavari District. 3 The Depot Manager, APSRTC, Tanuku Depot, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to call for the records from the respondents and issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Mandamus, declaring that the (i) proceedings No.P3/255(13)/2003-RM-WG, dated 24.9.2003, disengaging services as Casual Conductors in so far as petitioners No.1 and 2 are concerned with effect from 2.10.2003, and (ii)proceedings No. Nil, dated 3.10.2003 disengaging services as Casual Conductors in so far as petitioner No.3, is concerned with effect from 1.10.2003, in respect of the 4 and 5 petitioner disengaging their services also by the 2nd respondent, with effect from .2.10.2003 on the ground that curtailment of services by the 2nd respondent, as arbitrary, illegal, unjust contrary to law, discriminatory, in violation of principles of natural justice, amounts to unfair labour practice, in violation of Section 25-F and 25-N of the Industrial disputes Act, 1947 and also in violation of Articles 14 and 21 of the Csonstitution of India, and grant all consequential benefits. Counsel for the Petitioners: MR.P.SRIDHAR RAO Counsel for the Respondents: MR.R.MANMADHA REDDY WRIT PETITION NO: 21582 of 2003: Between: 1 B. Sreemannarayan (E.No.700714) S/o. Pullaiah Challachinthalapudi Post, Penguluru Mandal, West Godavari District. 2 M. Swarnalatha (E.700661) D/o. M. Rajeswara Rao, Buttiagudem Dwaraka Tirumala Mandal, West Godavari District. 3 M.V. Jayalakshmi (E.700511) D/o. M. Satyanarayana Opp. R. Subba Rao House, Thangellanudi Panchayathi, Kantrigudem, West Godavari District. 4 Y. L. Kumari (E. 700553) D/o. Y. Joseph, Western Locks, 36th Ward, Eluru, West Godavari District. 5 M.V. Ramana, (E.700391) W/o. K. Ramakrishna Dora, Gopannapalem, G.G. Bank, Penduluru Mandal, West Godavari District. 6 T.V. Padmaja (E. 700487) T. Satyavathi, Subbannadevi High School Road, R.R. Peta, Eluru. 7 B.V.A. Kumari (E. 700565) D/o. B. Balarama Swamy, W/o. B. Srinivasa Rao, D.No. 23-E 4-12, West Godavari District. 8 S.F. Asif (E. 700556) S/o. Ahmed Mohinddin H.No. 168-12-72, Chintalpudi Road, Tangallamudi, Eluru. 9 V.K. Prasad (E.700519) C/o. S.V.S.Anjaneyulu, Near Opp. ZPH High School, Jangareddygudem, West Godavari District. 10 B. Shubhashini (700670) W/o. Korullu Srinivas, Rajampalam Post, Via Donda Pudi, Gopalapuram, West Godavari District. 11 G. Ramu (700651) W/o. V. Ramakrishna D.No. 9-10-22/1, Tayarammie School Street, Kovvurru, West Godavari District. 12 N.Veerabhadra (E.No.700540) S/o Ramalingeswara Rao, Jangareddy, Gudur. ..... PETITIONERS AND 1 The A.P.S.R.T.C., Rep. by its Managing Director, Hyderabad. 2 The Depot Manager, A.P.S.R.T.C., Eluru. 3 The Depot Manager, A.P.S.R.T.C., Jangareddygudem. 4 The Depot Manager, A.P.S.R.T.C., Kovvuru. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction in the nature of Writ of Mandamus declaring the action of the respondents in designating the services/attempts to disengaging services in conductor Grade II of the petitioners by proc.No.P3/255 (4, 13)/2003-RM-WG, Dt. 7/107-10-2003, 6- 10-2003, 12-8-2003 is illegal, arbitrary, amounts to unfair labour practice, in violation of section 25 F and Section 25 N of the Industrial Disputes Act and also in violation of Articles, 14 and 21 of the constitution of India and consequently declare that the petitioners are entitled for all consequential benefits. Counsel for the Petitioners: MR.NARAM.NAGESWARA RAO Counsel for the Respondents: MR.R.MANMADHA REDDY WRIT PETITION NO : 21859 of 2003 Between: 1 Ms. U. Sujanamma D/o. Lakshmaiah R/o.West Godavari District. 2 K.Srinivas Rao S/o.Pydi Raju R/o.West Godavari District. 3 K.V.Vinayaka S/o.Veera Swamy R/o.West Godavari District. 4 S.A.R.Sekhar S/o.Rama Brahmam R/o.West Godavari District. 5 R.V.V.S.Narayana S/o.Subba Rao R/o.West Godavari District. 6 K.Satyanarayana S/o.Late Venkat Ravu R/o.West Godavari District. 7 T.P.R.Dora S/o.Gangaraju R/o.West Godavari District. 8 P.Annavaram S/o.Late Nagulu R/o.West Godavari District. 9 K.Ch.A.Swamy S/o.Simhachalam R/o.West Godavari District. 10 M.Dharma Rao S/o.Sandiyya R/o.West Godavari District. 11 Yalaga Ravi Babu S/o.Narsimha Murthy R/o.West Godavari District. ..... PETITIONERS AND 1 A.P.S.R.T.C. Rep. by its Managing Director Musheerabad, Hyderabad. 2 The Regional Manager APSRTC, Eluru Region Eluru, West Godavari District. 3 The Depot Manager, APSRTC., Tadepalligudem Depot, Tadepalligudem, West Godavari District. 4 The Depot Manager, APSRTC., Nidadavole Depot Nidadavole, W.G.District. 5 The Depot Manager, APSRTC, Tanuku Depot, Tanuku, W.G.District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring that the action of the respondent No.2 to 5 in [i] proceedings No.P2/255[01]/03-TPG, dated 6.10.2003, [ii] proceedings No.P1/255[3]/03-NDD, dated 7-10-2003, [iii] proceedings No.P1/255[4]/03-TNK, dated 3.10.2003 [iv] proceedings No.P3/255[13]/2003-RM-WG, dated 7-10-2003 and (v) proceedings No.P1/255(2)/2003-NND dt.8-10-2003, issued by the respondents 2 to 5, disengaging services of petitioners as Casual Conductor, on the ground that consequent to transfer of junior most Conductors from Krishna Region, by the 2nd respondent as arbitrary, illegal, unjust, contrary to law, discriminatory, in violation of principles of natural justice, contrary to APSRTC Regulations and circulars, amounts to unfair labour practice, in violation of Section 25-F and 25-N of the Industrial Disputes Act, 1947 and also in violation of Articles 14 and 21 of the Constitution of India, and grant all consequential benefits. Counsel for the Petitioners: MR.P.SRIDHAR RAO Counsel for the Respondents: MR. R.MANMADHA REDDY WRIT PETITION NO: 21862 of 2003: Between: 1 Ms.M.P.Srivalli D/o. M.Jagadeeswara Rao R/o.West Godavari District. 2 Ms.B.Kota Lakshmi D/o. B. Ramana R/o.West Godavari District. 3 Ms.A.L.N. Bhaskaramma D/o. Satyanarayana E.No. 700646 R/o.West Godavari District. 4 Ms.G.V.V.V. Lakshmi D/o. G.Venkateswara Rao E.No. 700551 R/o.West Godavari District. 5 Ms.G.Aruna Kumari D/o. Harinadh Babu E.No. 700510 R/o.West Godavari District. 6 Ms.Kommu Kamala D/o K.Subba Rao E.No. 700552 R/o.West Godavari District. 7 M.Raja Rao S/o. Vasantam E.No.700590 R/o.West Godavari District. 8 P.Chandra Sekhar S/o. Krishnavataram R/o.West Godavari District. ..... PETITIONERS AND 1 A.P.S.R.T.C., Rep.by its Managing Diector Musheerabad Hyderabad-20. 2 The Regional Manager APSRTC West Godavari Region, Eluru, West Godavari District. 3 The Depot Manager APSRTC, Eluru Depot, Eluru, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, particularly one in the nature writ of mandamus, declaring that the action of the respondents No. 2 to 3 in (i) proceedings No.P3/255(13)/2003-RM-WG, dated 7-10-2003 (ii) proceedings No. E1/255(1) 03-ELR, dated 1-10-2003, disengaging services of petitioners as casual conductor, on the ground that consequent to transfer of junior most conductors from Krishna Region, by the 2nd respondent as arbitrary, illegal, unjust, contrary to law, discriminatory, in violation of principles of natural justice, contrary to APSRTC regulations and circulars, amount to unfair labour practice, in violation of Section 25-F and 25-N of the Industrial Dispute Act, 1947 and also violation of Article 14 and 21 of the Constitution of India, and grant all consequential benefits. Counsel for the Petitioners: MR.P.SRIDHAR RAO Counsel for the Respondents: MR.R.MANMADHA REDDY WRIT PETITION NO : 21961 of 2003 Between: 1 S.Srinivasa Rao, S/o. Appa Rao, Residing at West Godavari District. 2 T.Brahma Rao, S/o. Chinna Pentiah, Residing at West Godavari District. 3 K.S. Manyam, s/o. Venkateshwar Rao, Residing at West Godavari District. 4 V.V.S.Narayana, S/o. Srirama Murthy, Residing at West Godavari District. 5 Y.Saibaba, S/o. Appa Rao, Residing at West Godavari District. 6 K.Someshwar Rao, S/o. Nageshwar Rao, Residing at West Godavari District. 7 P.Srinivas, S/o. Seetharamayya, Residing at West Godavari District. 8 P. Venkateshwarlu, S/o. Appa Rao, Residing at West Godavari District. 9 Ch.Thrimurthulu, S/o. Chittiaha, Residing at West Godavari District. 10 Ch.S.S.Narayana, S/o. Late Venkat Narayana, Residing at West Godavari District. 11 M.Srinivas, S/o. Sri Satyanarayana, Residing at West Godavari District. .....PETITIONERS AND 1 A.P. State Road Transport Corporation, Rep. by its Managing Director, Musheerabad, Hyderabad. 2 The Regional Manager, A.P.S.R.T.C., West Godavari Region, Eluru, W.G.District. 3 The Depot Manager, A.P.S.R.T.C., Tanuku Depot, Tanuku, W.G.District. 4 The Depot Manager, A.P.S.R.T.C., Narsapur Depot, Narsapur, W.G.District. 5 The Depot Manager, A.P.S.R.T.C., Nidadavole Depot, Nidadavole, W.G.District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to call for the records from the respondents and issue an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus declaring that the action of the Respondent No. 2 to 5 in (i) proceedings No. P3/255(13)/2003-RM-WG dated 7-10-2003 (ii) Proceedings No.P1/255(4)/2003 TNK dated 13-10-2003 and (iii) Proceedings No.E1/255(3)/2003-NSP dated 8-10-2003 disengaging services of petitioners as Casual conductors, on the ground that the consequent to transfer of Junior most Conductors from Krishna Region by the 2nd Respondent as arbitrary, illegal, unjust, contrary to law discriminatory inviolation of principles of natural justice contrary to APSRTC Regulations and Circulars amounts to unfair labour practice, in violation of Section 25-F and 25-N of the Industrial Disputes Act 1947 and also in violation of Articles 14 and 21 of the Constitution of India and grant all consequently benefits. Counsel for the Petitioners: MR.P.SRIDHAR RAO Counsel for the Respondents: MR. R.MANMADHA REDDY WRIT PETITION NO: 21966 of 2003 Between: 1 Mrs. D. Annapurna, W/o Janiki Ramana, R/o West Godavari District. 2 Ms. Ch. Aruna Kumari, D/o Appala Swamy R/o West Godavari District. 3 M.A.G.V.L.S. Prasanna, S/o Narayana Rao, R/o West Godavari District. 4 Ms. B. Uma Devi, S/o Venkateswar Rao, R/o West Godavari District. ..... PETITIONERS AND 1 A.P. State Road Transport Corporation, rep. by its Managing Director, Musheerabad, Hyderabad-20. 2 The Regional Manager, APSRTC, West Godavari Region, Eluru, West Godavari District. 3 The Depot Manager, APSRTC, Bhimavaram Depot, Bhimavaram, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring that the action of the respondents No.2 and 3 in Proceedings No. E1/255(27)/03- BVRM, dated 7-10-2003, disengaging services of petitioners as Casual Conductors, on the ground that consequent to transfer of junior - most Conductors rom Krishna Region, by the 2nd respondent as arbitrary, illegal, unjust, contrary to law, discriminatory, in violation of principles of natural justice, contrary to APSRTC Regulations and Circulars, amounts to unfair labour practice, in violation of Sections 25-F and 25-N of the Industrial Disputes Act, 1947 and also in violation of Articles 14 and 21 of the Constitution of India and grant all consequential benefits. Counsel for the Petitioners: MR.P.SRIDHAR RAO Counsel for the Respondents: MR.R.MANMADHA REDDY WRIT PETITION NO : 21997 of 2003 Between: 1 N.Srinivas Rao, S/o. Chalapathi Rao, W.G. District. 2 T.Ravi Kumar, S/o. Samba Murthy, West Godavari District. 3 Pidkala Josphin, S/o Moses, West Godavari District. 4 Ms.Ch.Kanakadurga, D/o Kasi Viswanadham, West Godavari District. 5 Ms.K.L.Sarma, D/o. Venkata Krishna Rao, West Godavari District. 6 Ms.B.suseela Kumari, D/o. Ananda Rao, West Godavari District. 7 Ch.Ravi Prasad, S/o. Mohan Rao, West Godavari District. 8 S. Bhujanga Rao, S/o. Surya Rao, East Godavari District. 9 Y. Satynarayana, S/o Ramayya, West Godavari District. 10 Ms. R. Rama Laxmi, S/o Jeje Narayana, West Godavari District. 11 Ms. Karri Devi Varalaxmi, S/o Venkatratnam, West Godavari District. 12 Marraju Akula, S/o Potharaju, West Godavari District. 13 K. S. Narayana, S/o Veeraswamy, West Godavari District. 14 E.S. Narayana, S/o Suryanarana, West Godavari District. 15 K. Srinivas, S/o Suryanarayana, West Godavari District. 16 Ms. S.A. Lakshmi, D/o Narayana, West Godavari District. 17 K. Srinivasu, S/o Surya Rao, West Godavari District. 18 N.V.T. Rama Rao, S/o Muniyya, West Godavari District. ..... PETITIONERS AND 1 A.P. State Road Transport Corporation, Rep. by its Managing Director, Musheerabad, Hyderabad-20. 2 The Regional Manager, A.P.S.R.T.C., Eluru Region, Eluru, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, Order or Direction, particularly one in the nature Writ of Mandamus, declaring the action of 2nd Respondents in (i) Proceedings No.P3/255(13)2003-RM-WG, dated 6-10-2003 and (ii) Proceedings No. P3/255(13)/2003-RM-WG, dated 7-10-2003, disengaging services of petitioners as Casual Conductor, on the ground that consequent to transfer of junior-most Conductors from Krishna Region, by the 2nd Respondent as Arbitrary, illegal unjust contrary to law, discriminatory, in violation of Principles of natural justice contrary to APSRTC, Regulations and Circulars, amounts to unfair labour practice, in Industrial Disputes Act. 1947 and also in violation of Articles 14 and 21 of the Constitution of India, and grant all consequential benefits. Counsel for the Petitioners: MR.P.SRIDHAR RAO Counsel for the Respondents: MR. R.MANMADHA REDDY WRIT PETITION NO : 22958 of 2003 Between: 1 B.V.V.S.S. Sekhar Rao, S/o. Krishna Moorthy, R/o. West Godavari District. 2 M. Srinivas, S/o. Suryanarayana, R/o. West Godavari District. 3 T. Muralidhar, S/o. Subba Rao, R/o. West Godavari District. 4 G. V. Krishnaiah, S/o. Narayana, R/o. West Godavari District. 5 V. Venkateshwar Rao, S/o. Laxminarayana, R/o. West Godavari District. 6 T. Srinivasa Rao, S/o. Padmanabham, R/o. West Godavari District. ... PETITIONERS AND 1 The Regional Manager, A.P.S.R.T.C., West Godavari Region, Eluru, West Godavari District. 2 The Depot Manager, A.P.S.R.T.C., Jangareddygudem Depot, Jangareddygudem, West Godavari District. 3 The Depot Manager, A.P.S.R.T.C., Bhimavaram Depot, Bhimavaram, West Godavari District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to call for the records from the Respondents and issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of mandamus, declaring that the action of the respondents in (i) proceedings No.P3/255(13)/2003-RM-WG, dated 7.10.2003, in respect of petitioners No. 1 to 4 by the 1st respondent, and (ii) proceedings No. E1/255(27)/03-BVRM, dated 22.10.2003, in respect of petitioners No. 5 and 6 by the 3rd respondent, disengaging services of petitioners as Casual Conductors, on the ground that consequent to transfer of junior-most Conductors from Krishna Region, by the 2nd respondent as arbitrary, illegal, unjust, contrary to law, discriminatory, in violation of Principles of natural justice, contrary to APSRTC Regulations and Circulars, amounts to unfair labour practice, in violation of Sections 25-F and 25-n of the Industrial Disputes Act, 1947 and also in violation of Articles 14 and 21 of the Constitution of India, and grant all consequential benefits. Counsel for the Petitioners: MR.P.SRIDHAR RAO Counsel for the Respondents: MR. R.MANMADHA REDDY WRIT PETITION NO : 24966 of 2003 Between: U.Ramu S/o. Subba rao R/o. S.T.Colony Lakkavaram, Jangareddy Gudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Regional Manager A.P.S.R.T.C., West Godavari Region, Eluru, West Godavari District. 2 The Depot Manager A.P.S.R.T.C., Jangareddy Gudem Depot, Jangareddy Gudem, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to call for the records from the respondents and issue an appropriate writ, order or direction, particularly one in the nature writ of Mandamus, declaring that the action of respondents in proceedings No.P3/255(13)/2003-RM-WG, dated 7-10-2003, disengaging services of petitioner as casual conductor, on the ground that consequent to transfer of junior-most conductors from Krishna Region, by the 1st respondent as arbitrary, illegal, unjust, contrary to law, discriminatory, in violation of principles of natural justice, contrary to APSRTC Regulations and circulars, amounts to unfair labour practice, in violation of sections 25-F and 25-N of the Industrial Disputes Act, 1947 and also in violation of Articles 14 and 21 of the Constitution of India, and grant all consequential benefits. Counsel for the Petitioners: MR.P.SRIDHAR RAO Counsel for the Respondents: MR. R.MANMADHA REDDY WRIT PETITION NO : 25793 of 2003 Between: V. Kantha Rao, S/o. Suryaprakash Rao, R/o. Post & Village : Relangi - 534 225, Iragavaram Mandal, West Godavari District. ..... PETITIONER AND 1 The Regional Manager, A.P.S.R.T.C., West Godavari Region, Eluru, West Godavari District. 2 The Depot Manager, A.P.S.R.T.C., Tanuku Depot, Tanuku, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, Order or Direction, particularly one in the nature Writ of Mandamus, declaring that the action of respondents in proceedings No. P1/255(4)/2003-TNK, dated 1- 11-2003 issued by the 2nd respondent, disengaging services of petitioner as Casual Conductor, on the ground that consequent to transfer of junior-most Conductors from Krishna Region, by the 1st respondent as arbitrary, illegal, unjust, contrary to law, discriminatory, in violation of principles of natural justice, contrary to A.P.S.R.T.C Regulations and Circulars, amounts to unfair labour practice, in violation of Sections 25-F and 25-N of the Industrial Disputes Act, 1947 and also in violation of Articles 14 and 21 of the Constitution of India, and grant all consequential benefits. Counsel for the Petitioners: MR.P.SRIDHAR RAO Counsel for the Respondents: MR.R.MANMADHA REDDY The Court made the following: COMMON ORDER: Heard Sri P.Sridhar Rao, learned Counsel for the petitioners and the learned Standing Counsel appearing on behalf of the respondents. It is represented by the learned counsel on either side that the question involved in these writ petitions is squarely covered by a common order of this Court in W.P.No.25973 of 2003 and batch, dated 16-09- 2004. In view of the above decision of this Court, the Writ Petitions are disposed of with a direction to the respondents to consider the case of the petitioners, if their juniors are engaged in their region in preference to the conductors brought from the Krishna region. No costs. ___________________ (B.PRAKASH RAO, J) Dated February 25, 2005. YCR To 1 The Managing Director, APSRTC, Musheerabad, Hyderabad-20. 2 The Regional Manager, APSRTC, West Godavari Region, Eluru, West Godavari District. 3 The Depot Manager, APSRTC, Tanuku Depot, West Godavari District. 4. The Managing Director, A.P.S.R.T.C., Hyderabad. 5 The Depot Manager, A.P.S.R.T.C., Eluru Depot, Eluru, West Godavari District. 6 The Depot Manager, A.P.S.R.T.C., Jangareddygudem Depot, Jangareddygudem, West Godavari District. 7 The Depot Manager, A.P.S.R.T.C., Kovvuru, West Godavari District. 8 The Depot Manager, APSRTC., Tadepalligudem Depot, Tadepalligudem, West Godavari District. 9 The Depot Manager, APSRTC., Nidadavole Depot, Nidadavole, West Godavari District. 10 The Depot Manager, A.P.S.R.T.C., Narsapur Depot, Narsapur, West Godavari District. 11 The Depot Manager, APSRTC, Bhimavaram Depot, Bhimavaram, West Godavari District. 12 2 C.D. copies.