IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 10530 of 1999 Between: 1 Odela Rajaiah S/o. Nambaiah Working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 2 Jalupula Tukaram S/o. Swamy Nayak working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 3 Sankae Ramaiah S/o. Banaiah working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 4 Jupparapu Narsaiah S/o Ashalu working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 5 Kuna Rajaiah S/o. Narsaiah working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 6 Ambala Saraiah S/o. Mondaiah working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 7 Iylla Rajaiah S/o. Durgaiah working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 8 Arumulla Bhadraiah S/o. Rajaiah working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 9 Shaik Gumshawali S/o. Bada Hussain working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 10 Gadasu Gurvaiah S/o. Ramchander working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 11 Kodi Shankar S/o. Bhoomaiah working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 12 Banoth raju S/o. Butchaiah working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 13 Sangi China Madunaiah S/o. Gattamallu working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. 14 Bogi Cheralu S/o. Kankaiah working on Daily-rated Jobs at RK-3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. ..... PETITIONER(S) AND 1 The General Manager, Singareni Colleries Co.Ltd., Ramakrishnapuram, Adilabad District. 2 Superintendent to Mines/Celleiry Manager, RK.3 Incline, Singareni Colleries Co. Ltd., Ramakrishnapuram, Adilabad District. .....RESPONDENT(S) 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 or order or direction, especially one in the nature of Writ of Mandamus- (i) declaring the action of the Respondents in not absorbing and regularising the petitioners on Daily-rated jobs as illegal & arbitrary; (ii) direct the Respondents to absorb and regularise the services of the petitioners on Daily-rated Jobs; & (iii) pass any such other order or orders as this Hon'ble Court may deem fit and proper in the Circumstances of the case. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondent No.: MR.K.SRINIVASA MURTHY The Court made the following : ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not absorbing and regularizing the services of petitioners as daily-rated workers as arbitrary and illegal and consequently direct the respondents to absorb and regularize the services of the petitioners as daily rated workers. It appears, petitioners were initially appointed as Badli Fillers and later they were absorbed as regular Coal Fillers and entrusted with piece-rated job and thereafter they were entrusted with daily rated work. It is the grievance of the petitioners that since they have put in more than five years of service in piece rated work, they were given daily rated job i.e. General Mazdoor and having done so, respondents are trying to revert them back to the position of piece rated job. According to the petitioners, the piece rated job is very hard and having worked for more than five years in the said category, they are entitled for being absorbed as daily rated workers permanently (general mazdoors). A detailed counter affidavit has been filed by the respondents denying the allegations made by the petitioners stating that petitioners were deployed to work as general mazdoors whenever such vacancies are available. None of the petitioners are officiating the duties of general mazdoors except petitioners 3 and 10 and even they have no right to continue as general mazdoors since their substantive post is coal filler. The learned counsel for respondents further stated that as per the understanding between the union and management, the piece rated workers are posted as daily rated workers on rotation basis for the purpose of giving rest to the workers, therefore, petitioners are not entitled for any relief. The leaned counsel for petitioners not able to place any rule, procedure or any settlement between the parties to show that the piece rated workers who worked for more than five years are entitled for being continued as daily rated workers as a matter of right and they are entitled for being continued on regular basis as general mazdoors. It appears, the respondents with a view to see that the piece rated workers are not strained too much for long period and they should be given some rest, and for that purpose, the piece rated workers are being engaged as daily rated workers (general mazdoors). In view of the above, I am of the view that the petitioners have not made out any case for granting the relief as prayed for. The writ petition is devoid of merits and liable to be dismissed and accordingly dismissed. No order as to costs. ____________ C.V.RAMULU, J Date: 13.3.2008 DA