IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 866 of 2001 Between: 1 The District Medical & Health Officer, Nalgonda. 2 The Director of Health, Andhra Pradesh, Hyderabad. ..... PETITIONERS AND 1 The President, A.P. Public Health Hospital Employee Union, Regd.No.91, recognised by the Government of Andhra Pradesh, H.No.6-4-1241/161, Hyderabad. 2 The Presiding Officer, Industrial Tribunal-II, Hyderabad. ..RESPONDENTS Counsel for the Petitioners:AGP FOR FINANCE & PLANNING Counsel for respondent No.1: MR.V.Hari Haran Counsel for respondent No.2: None appeared. The Court made the following : O R D E R : This writ petition is ﬁled for a Writ of Certiorari to quash order dated 13-12-2000 passed in E.P.No.7 of 1999 in I.D.No.6 of 1993 on the ﬁle of the Industrial Tribunal-II (for short “the Tribunal”), Hyderabad. Respondent No.1-Andhra Pradesh Public Health and Hospitals Employees’ Union (for short “the Employees’ Union”) got a reference made by the Government of Andhra Pradesh under Section 10(1)(d) of the Industrial Disputes Act, 1947 (for short “the Act”) to adjudicate the dispute between the management of the Health, Medical and Family Welfare Department and four daily wage workers, namely; Sri S.Yadaiah, Sri D.Krishnaiah, Sri Ahmed Abdullah and Sri M.Saidulu, employed by the management regarding the question whether they are entitled for appointment as ﬁeld workers on regular time scale of pay of Rs.740-Rs.1150. By award dated 28-08-1993, after full enquiry and trial, the Tribunal held that the said four workers are workmen within the deﬁnition of Section 2(s) of the Act and they are entitled for appointment as ﬁeld workers on regular time scale of pay of Rs.740-Rs.1150. Questioning the said award, the petitioners-management ﬁled W.P.No.17551 of 1993, which was disposed of by a learned Single Judge of this Court by order dated 07-07-1997. In the said order, this Court remitted the matter back to the Tribunal for consideration of the question whether the Directorate of Medical and Health is discharging governmental functions or its activities are commercial in nature and the award was set aside only to the said limited extent by directing status quo obtaining as on that date to continue till passing of the order by the Tribunal. The said order was conﬁrmed in W.A.Nos.1275 and 1303 of 1997 by a Division Bench of this Court by order dated 18-12-1997. After the remand, the Tribunal held further enquiry and gave a ﬁnding by award dated 28-02-1998 that the activity of the Directorate of Medical and Health is a welfare activity of the State and the workmen are engaged to distribute the welfare services of the Directorate to satisfy wants and needs of the people of Nalgonda District and consequently it is an industry within the meaning of Section 2(j) of the Act. The Tribunal also communicated the said award to the Government for publication. The said award, having not been questioned, has become final. As the petitioners have not implemented the said award, the Employees’ Union ﬁled E.P.No.7 of 1999 for attachment of the E.P. Schedule property. At the hearing before the Tribunal, the Assistant Director of Medical and Health submitted that he was not in a position to pay the E.P amount in the absence of a decision taken by the Government. Having taken note of the said stand, the Tribunal, by order dated 13-12-2000, referred to the two awards passed in the years 1993 and 1998 and the fact that no steps were taken to implement the said two awards. On that premise, the Tribunal found justiﬁcation to order attachment of the E.P schedule properties. This order of the Tribunal is assailed in this writ petition. Heard the leaned Assistant Government Pleader for Medical and Health for the petitioners and Sri V.Hari Haran, learned counsel for respondent No.1. From the facts noted above, it is clear that award dated 28-02-1998 passed by the Tribunal has become ﬁnal. It is, therefore, the bounden duty of the petitioners to comply with the said award and to pay the four workmen all the amounts due under the said award. As admittedly the payments due having not been made, the Tribunal ordered for attachment of the properties mentioned in the schedule of the E.P. The learned Assistant Government Pleader submitted that the award itself was without jurisdiction. Having not questioned the award, such a stand on the part of the petitioners cannot be allowed to be taken. Therefore, I do not ﬁnd any error in the order passed by the Tribunal attaching the properties of the petitioners for non-compliance of the award of the Tribunal. The writ petition is, therefore, dismissed. C.V.NAGARJUNA REDDY, J Dated 8th September, 2008 vrn