IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8236 of 2007 Between: The Commissioner, Kurnool Municipal Corporation, Kurnool. ..... PETITIONER AND 1 S.K. Srinivasulu, S/o. S. Satyanarayana, Kurnool Municipal Corporation, Kurnool, D.No. 40/583-1-206, Surya Towers, Challa Compound, Kurnool. 2 The State of Andhra Pradesh, Rep. by its Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 3 The Commissioner and Director of Municipal Administration, MCH Complex, Hyderabad. 4 The Industrail Tribunal Cum Labour Court, Ananthapur, Rep. byits Presiding Officer. .....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 of Certiorari or any other appropriate Writ, Order or direction, calling for the records pertains to the Award passed in I.D.No. 336/2002, dated 30-8-2006 by the Industrial Tribunal Cum Labour Court, Ananthpur as notified by the Government of Andhra Pradesh in G.O.Rt.No. 2369, Labour Employment Training and Factories (Lab 1) Department, dated 13-11-2006 and quash the same as illegal, arbitrary and contrary to law and to pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.A.SREEDHAR Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8236 of 2007 ORDER: The 1st respondent worked as an Electrician in the petitioner-corporation and retired from service on 30.06.2002, on attaining the age of 58 years. Claiming that he is entitled to remain in service till the age of 60 years, the 1st respondent filed I.D.No.336 of 2002 before the Labour Court, Anantapur. Through its award, dated 30.08.2006, the Labour Court held that the 1st respondent was entitled to remain in service till the age of 60 years and accordingly, directed the petitioner to pay the emoluments for that period. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent. The petitioner issued a notice, dated 25.01.2002, informing the 1st respondent that he would attain the age of superannuation on 30.06.2002. Pleading that he is entitled to remain in service till the age of 60 years, the 1st respondent approached the Labour Court. The entire issue depends upon the question whether the 1st respondent answers the description of ‘workman’ as defined under Section 2(s) of the Industrial Disputes Act, 1947. The Labour Court, however, did not undertake any discussion on this aspect. It has just made a reference to Section 5(3) of the A.P. State Employment (Regulation of Age of Superannuation) Act, 1984. In paragraph 11 of the award, it observed that ‘the petitioner herein is said to be a worker’. On this premise, it granted the relief to the 1st respondent. This Court is of the view that the award cannot be sustained, inasmuch there is no definite finding in favour of the 1st respondent that he answers the description of ‘workman’. The plea raised by the petitioner that the nature of duties discharged by the 1st respondent is such that he cannot be treated as a workman, needs to be taken into account. For the foregoing reasons, the writ petition is allowed and the award, dated 30.08.2006, passed by the Labour Court, Anantapur in I.D.No.336 of 2002 is set aside. The matter is remanded to the Labour Court for fresh consideration and disposal, in accordance with law, within a period of four (4) months from the date of receipt of record. There shall be no order as to costs. _________ 13.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8236 of 2007 Date: 13.06.2008 JSU