IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos. 7763 and 8476 of 1999 WRIT PETITION No.7763 of 1999: Between: The Fertilizer Corporation of India, Hamalee loaders co.operative Society limited, Fertilizer city, Ramagundam Unit, rep. by its Joint Secretary T.A.Lal Singh, s/o. Laxman Singh, r/o. 12-5-307, Elkalpally gate near FCI, Fertilizer city, Ramagundam, Karimnagar dist. ..... PETITIONER AND The Fertilizer Corporation of India, Ramagundam Division, Rep. by its Chief Executive Officer, F.C.I. Fertilizer city, Ramagundam, Kareemnagar District.Pin- 505210. .....RESPONDENT 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 appropriate writ order or orders, direction, directions more particularly one in the nature of writ of mandamus directing the respondents herein:- (a) To continue the services of the workers of petitioner's Union in terms of labour agreement dated 11-1- 1999 paying them respective wages. (b) Not to terminate the services of the worker's of the petitioner's union/not to stop assigning work to the petitioners union violating the said labour agreement dated 11-1- 1999. (c) Treat the workers of the petitioner's union as regular workers as there is clear master and servant relationship existing between both of them. (d) Declare the proposed action of the respondent i.e., the decision of the board of directors of the respondent Industry dt.24.3.1999 to terminate the services of the workers of the petitioners union/stopping to assign the work to the workers of the petitioners union without declaring lay off/lockout or without giving any prior notice to the workers and without following any mandatory provision of the I.D.Act and in contrary to the labour agreement dated 11.1.1999, is illegal arbitrary, violative of Art. 14, 21 of the Constitution of India, and contrary to the labour agreement dated 11.1.99 and against the mandatory provisions of the I.D.act, (e) and to pass any such other order or orders as deem fit and proper in the circumstances of the case. WRIT PETITION NO : 8476 of 1999 Between: 1. Karimnagar Zilla Contract Karmikula Sangam, Rep. by its President Urukonda Ramulu S/o. Bakkaiah, Fertilizer Corporation of India, Regd.No. E-133, R/o. A-449, Fertilizer City, Karimnagar District. 2. Ramagundam Area Casual and Contract Workers Union F.C.I Rep. by its General Secretary, K.Venkaiah S/o. Rajamallu, Regd.No. E-931, R/o. A-509, Fertilizer City, Karimnagar District. 3. Ramagundam Area Factory contract Casual workers Union F.C.I Rep. by its President, Nagula Malyala Ramaiah S/o. Brahmaiah, Regd.No. E-1657, R/o. A-403, Post Fertilizer City, Karimnagar District. 4. Ramagundam Multiple Contract Mazdoor Union Rep. by its Joint Secretary, Kanchakuntla Raja Reddy, S/o.Raghavulu, R/o.Fertilizer City, Ramagudam, Karimnagar District. 5. Karimnagar District Asangatitha, Sangatitha Karmika Sangham Rep. by its President,Kaluva Balamallu S/o. Pocham, Regd.No. E- 1700, R/o. A-449, Fertilizer City, Karimnagar District. ..... PETITIONERS AND The Fertilizer Corporation of India, Ramagundam Division, Rep. by its Chief Executive Officer Fertilizer City, Ramagundam, Karimnagar District. .....RESPONDENT 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 pass an appropriate writ order, orders, direction, directions, more particularly one in the nature of Writ of Mandamus, directing the respondents herein (a) To continue the services of the workers of the petitioners unions, paying their respective wages, (b) Treat the workers of the petitioners unions as regular workers as their is a clear master and servant relationship is existing in between these workers and the respondent industry. (c) Regularise the services of the workers of the petitioners Union. (d) Declare the action of the respondent in treating the workers of the petitioners unions as contract workers though getting their services years together, assigning them perennial nature of work, is arbitrary, illegal, violative of Art. 14, 16 and 21 of the Constitution of India, and contrary to the mandatory provisions of the contract labour (Prohibition and Abolition) Act. (e) Declare the proposed action of the respondent ie., the decision of the board of directors of the respondents Industry dt, 24-3-99 to terminate the services of the workers of the petitioners unions, preserving, this Industry without invoking any mandatory provisions of the I.D.Act is illegal, arbitrary, violative of Art. 14, 16 and 21 of the provisions of the I.D. Act, (f) Not to terminate the services of the workers of the petitioners union, without due process of law and without invoking the mandatory provisions of the I.D.Act, and (g) and to pass any such other order or orders as deem fit and proper in the circumstances of the case, and in the circumstances of the case. Counsel for Petitioners: MR.S.CHANDRASEKHAR Counsel for Respondents: (1) MR.D.GOPAL RAO (SC FOR AP FERT.CORP) (2) MR.M.A.RAJASEKHAR REDDY (ADDL.SOLICITOR GENERAL) The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.7763 and 8476 of 1999 COMMON ORDER: Sri S.Chandrasekhar, learned counsel for the petitioners, would submit that during the pendency of both the writ petitions, the respondent-Industry has been closed down and that the relief of continuance of the members of the petitioner Unions in service of the respondent-Industry can no longer be granted. Learned counsel would, however, make a request for payment of terminal benefits to the members of the petitioner Unions. Since these subsequent events are beyond the scope of the writ petitions filed in the year 1999, it is but appropriate that the petitioner Unions make a detail representation to the respondent which shall consider such representation for payment of terminal benefits in accordance with law, within a period of two months from the date of receipt of the representation. Needless to state that in case the petitioner Unions are aggrieved by any orders passed consequent thereto, it is always open for them to avail such remedies as are available to them under law. The writ petitions stand disposed of accordingly. _______________________ (RAMESH RANGANATHAN,J) 16th April, 2008 v v To 1. The Chief Executive Officer, the Fertilizer Corporation of India, F.C.I. Fertilizer city, Ramagundam Division, Ramagundam, Kareemnagar District.Pin- 505210. 2. Two CCs to 3. Two CD copies.