* THE HON’BLE SRI JUSTICE V.ESWARAIAH <+ WRIT PETITION No.8050 of 1999 % THURSDAY, THE FOURTEENTH DAY OF AUGUST, TWO THOUSAND AND EIGHT. # The Agriculture Market Yard hamalies Union, rep.by its Secretary, B.Nagi Reddy, S/o.Rami Reddy, Yemmiganur, Kurnool District ….Petitioner Versus $ Agriculture Market Committee, rep.by its Secretary, Yemmiganur, Kurnool District and 29 others …..Respondents. ! Counsel for the petitioner : Mr.K.SURESHREDDY ^ Counsel for the respondents : Mr.P.BHANU PRAKASH < Gist : > Head Note: ? Cases Referred: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8050 of 1999 Between: The Agriculture Market Yard hamalies Union, Rep.by its Secretary, B.Nagi Reddy, S/o Rami Reddy, Yemmiganur, Kurnool District. ..... PETITIONER AND 1 Agriculture Market Commitee, Rep.by its Secretary, Yemmiganur, Kurnool District. 2 Regional Joint Director of Marketing, Cuddapah. 3 B.Tikanna, S/o B.Timmappa, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 4 B.Vurukundu, S/o B.Narsanna, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 5 B.Naramana, S/o B.Eranna, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 6 B.Dubanna, S/o B.Rangaya, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 7 B.Mallesh, S/o B.Bada Sabu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 8 Mabusabu, S/o Khasimsabu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 9 B.Eranna, S/o BAnumanna, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 10 B.Narasimhudu, S/o B.Kotinna, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 11 B.P.Eranna, S/o B.Madanna, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 12 E.Eranna, S/o E.Venkata Swamy, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 13 B.Lakshmanna, S/o B.Lakshmanna, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 14 B.Thimanna, S/o B.Hanumanthu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 15 S.Jabber, S/o Indrali Sabu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 16 B.Narasimhulu, S/o B.Narsanna, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 17 N.Lakshmanna, S/o N.,Ramudu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 18 U.Ramudu, S/o U.Narsayya, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 19 B.Balamma, W/o B.Bhagavanthu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 20 S.Chandranna, S/o S.Venkataramudu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 21 T.Ranganna, S/o T.Gilivenna. R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 22 Nibha Sabu, S/o Hasan Sabu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 23 K.Pantipu, S/o K.Karranu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 24 B.Paramesuvu, S/o B.Linganna, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 25 B.Naramana, S/o B.Linganna, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 26 B.Khasim, S/o B.Husanapu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 27 K.Sinanna, S/o K.Bhirapu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 28 G.Ranganna, S/o G.Eranna. R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 29 B.Munevu, S/o B.Bajarpu, R/o Agriculture Market Yard, Yemmiganur, Kurnool District. 30 Yemmiganur Agricultural Market Committee Loading and unloading Hamalies Union (Reg.F.979/91) Rep.by its General Secretary, B.Paramesappa S/o lingappa, Yemmiganur, Kurnool 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 will be pleased to to issue a Writ of Mandamus or any appropriate Writ or Order or direction declaring the action of the first Respondent in adding two more categories naming them as Lorry Hamalies and Women Hamalies to the list of Categories mentioned in Rule 49 of the A.P. (Agricultural Produce and Livestock) Market Rules and issuing lincences to them as arbitrary, illegal and unconstitutional and pass Counsel for the Petitioner:MR.K.SURESHREDDY Counsel for the Respondent No.: MR.P.BHANU PRAKASH The Court made the following: Form-NIC-OGS/WP{SUNITHA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.8050 of 1999 ORDER: The petitioner, the Agricultural Market Yard Hamalies Union, questions the action of the Agricultural Market Committee, Yemmiganur of Kurnool District in adding two more categories of Hamalies naming them as Lorry Hamalies and Women Hamalies to the list of categories under Rule-49 of the Andhra Pradesh (Agricultural Product & Livestock) Markets Rules, 1969 (for short “the Rules”) and issuing licences to them as illegal and arbitrary. It is the case of the petitioner that there are 160 Hamalies who were members of the petitioner union and all of them have been working for the last 30 years after obtaining the required licences by paying the prescribed licence fee, which are renewed from time to time and they have been discharging their duties as Hamalies without any complaint whatsoever. Their licences have been issued renewed under Rules 48 to 50 of the said Rules. It is stated that under Rule-49 of the said Rules, seven categories of persons can operate in the market yard; they are (1) Broker, (2) Carting or Clearing Agent, (3) Warehouseman, (4) weighman, measurer or surveyor, (5) Lorry owner, (6) Cartman, and (7) Hamali. Except these seven categories, no other person can be allowed to operate in the market yard. It is further stated that the 1st respondent allowed the lorry Hamalies in the market yard for loading and unloading work depriving the market yard Hamalies. It is further stated that they have also introduced another kind of Hamalies i.e. women Hamalies in the market yard without any justification and contrary to repeated representations. It is stated that issuing such new category of licences of lorry Hamalies who were permitted to load and unload the vehicles in the market yard is causing deprivation of earnings of the members of the petitioner Union and therefore seeks to declare that the said action of the 1st respondent is illegal. It is further stated that the 1st respondent also engaged all types of Hamalies working as market yard Hamalies and lorry Hamalies for whom licences have been issued from 1982-83 and woman Hamalies for whom licences have been issued from 1998-99. The petitioner questions the said action. A counter has been filed admitting that the members of the petitioner union are 160 Hamalies who have obtained licences from the Market Committee duly paying licence fees for hamal as per Rule-49(2) of the Rules which are being renewed from time to time. It is stated that the Market Committee is entitled to fix up the actual number of Hamalies required every year according to the requirement. There is no yardstick/assurance limiting the number of licenced Hamalies. The main aim of the Market Committee is to protect the interests of the purchaser and the seller. There are no specific Rules, prescribing the method and manner for obtaining the licences. Licences can be issued to any person who applies and who is entitled subject to certain terms and conditions mentioned in Form-11 under Rule-50 of the Rules. It is stated that the Agricultural Market Committee, Yemmiganur has given licences to some Hamalies categorizing them as lorry Hamalies from the year 1982-83 onwards and they are performing duties of loading and unloading of the produce brought into the market yard through lorries by the farmers. It is further stated that during year 1998-99, 55 new women Hamalies have been given licences and they are working in the market yard for more than a decade. It is further stated that the female workers are working in the market yards over the A.P. and therefore, the grant of licences to female Hamalies cannot be questioned. I have considered the rival contentions. The Hamali is defined in Sec.2(xiii) of the Rules as follows: “Hamali” means a person licenced by a market committee to render service on wages in handling of a notified commodity in the market and includes woman labourer. The word “trader” is defined in Sec.2(xxiii) of the Rules, the traders are being given licences in the notified agricultural produce, livestock or products of livestock in the notified area under Sec.7 of the Act read with Rule-49. Certain persons are entitled to operate within the notified area as a broker, carting or clearing agent, warehouseman, weighman, measurer, surveyor, lorry owner, cart man or Hamali by obtaining licences under Rule-49, but without obtaining any licence no such persons including Hamali can entitle to work in the market yard as Hamali. The licence fee payable by Hamali is one rupee per annum either for obtaining fresh licence or for renewal. Any person desiring to obtain a licence or renew his licence, he shall make an application in Form-6 or 7, as the case may be together with the fee of one rupee. There is no restriction limiting the number of licences to be given for the Hamalies. It is stated that Form of licence is prescribed in Form-11. As a matter of fact, there is no prescribed form for obtaining licence for Hamalies, but the form to get licence for trader, broker, weighman etc. has been prescribed, but the form of licence for Hamalies also has been used and prescribed in Form-11. Form-11 reveals that on an application of the applicant, the applicant has been permitted to work as Hamal subject to the conditions and the duties as mentioned therein. As per Condition No.2, it is the duty of Hamal, apart from assisting in the weighment of the agricultural produce, and products of livestock brought by the seller, he shall also unload the grain bags from the carts, shall fill the bags and shall shift the bags to the scale and hand them over to the buyer. The Hamal shall also wear a badge of the market committee. The Hamal shall accept the wages in cash as fixed by the market committee and shall not accept the agricultural produce or products of livestock as wages or in any other form. The Hamal shall not put to inconvenience the seller by delaying the weighs or exploit him by other ways. The market committee is entitled to cancel the licence for contravention of any of the conditions. Though in the counter it is stated that a letter was given to the petitioner on a request made by the petitioner’s association to furnish the type of Hamalies, but nowhere it is stated that a licence has been specifically issued describing as lorry Hamalies or woman Hamalies. Certain licences have been produced which goes to show that they are also the Hamalies, but there is no categorization in the licence issued by the market committee, however it is stated that in fact the woman Hamalies and lorry Hamalies have been working in the same market yard from a decade and the licences have been issued for lorry Hamalies from the year 1982-83 and woman Hamalies for the year 1988-89. It is stated that the said lorry Hamalies of man and woman Hamalies have been working on par with the Hamalies for a decade, and licences have been issued for them. Admittedly, the said licences issued to the so called lorry Hamalies and Woman Hamalies have not been questioned in the writ petition, and for that reason this Court vacated the interim order granted earlier by order dated 12.04.2000. I am of the opinion that as the members of the petitioner union have no vested right or any accrued right to prevent the grant of licences to the similarly situated Hamalies and any number of Hamali licences can be granted to work in a market yard. The Woman Hamlies also essential and required for smooth functioning of market committee in the interests of sellers and buyers in the market committee. No assurance whatsoever has been given to the petitioner’s union or its members that no further Hamali licences will be given. There is no provision limiting the number of licences. If that be so, the petitioner union is not entitled to seek any relief preventing to issue more licences to similarly situated eligible persons i.e. women and other male Hamalies. For the foregoing reasons, the Writ Petition is dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 14.08.2008 Dsr Note: LR copy to be marked. .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Agriculture Market Commitee, Rep.by its Secretary, Yemmiganur, Kurnool District. 2 Regional Joint Director of Marketing, Cuddapah. 3 2. 2CCs to 4. 2CD copies