THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 27718 of 1995 Dated: 28.11.2006 Between: Ch. Venkataratnam & others … Petitioners AND The Collector, Nellore & the Chairman, Kovur Cooperative Sugar Factory Limited, Nellore & others. … Respondents THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 27718 of 1995 ORDER:- The petitioners claim that at the time of filing the writ petition they were working as NMR workers in the 2nd respondent sugar factory having been engaged from various dates as shown in a statement enclosed to the affidavit. The grievance of the petitioners is that while the 2nd respondent Management is paying consolidated wage of Rs.1900/- per month to 187 NMRs out of 350 NMR workmen, they are not being paid the said wage. According to the petitioners, the said consolidated wages were being paid to 187 workmen following the agreement reached with effect from 01.04.1995. The petitioners also seeking regularization in terms of G.O.Ms.No.212, dated 22.04.1994. On behalf of the 2nd respondent, a counter-affidavit is filed wherein it is averred that the petitioners were never engaged as NMRs and that they are only engaged as casual labour in fields during the season. According to the 2nd respondent, under the agreement arrived at on 13.04.1995 by the Management with the workers, only NMR employees who have put in more than five years of service as on 31.03.1994 are entitled to the increased wage of Rs.1900/- per month. Since the petitioners do not fall in that category, they are not entitled to the payment of increased wage. As regards G.O.Ms.No.212, it is maintained that the said G.O. has no application for two reasons viz., (i) that the petitioners never worked as NMRs and (ii) that the said G.O. has no application to the 2nd respondent, which is a society registered under the A.P. Cooperative Societies Act, 1964. The averments in the counter-affidavit have not been controverted by filing any reply affidavit nor any material has been produced to support the petitioners’ case that they were in fact working as NMR workmen. Therefore, the contents of the counter-affidavit of the 2nd respondent that the petitioners were being engaged only as casual labour on fields during the season are bound to be accepted. Hence, the petitioners are not entitled to the benefit of the enhanced wage pursuant to the alleged agreement dated 01.04.1995, which evidently covered the NMR workers. As regards the regularization, the sole basis for the claim of the petitioners for regularization made in this writ petition is G.O.Ms.No.212 dated 22.04.1994. In the face of the stand taken by the 2nd respondent that the said G.O. has no application to the employees of Cooperative Societies, it is incumbent upon the petitioners to file the said G.O. and support their claim. The petitioners failed to produce a copy of the said G.O. without which this Court is unable to give a finding on this issue. For the aforementioned reasons, the writ petition fails and accordingly the same is dismissed, but without costs. _____________________________ C.V. NAGARJUNA REDDY, J Date: 28.11.2006 ES