THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.19515 OF 1995 DATED: 22-08-2006 BETWEEN G. Ramana Reddy, S/o. Late Sri L.G. Subba Reddy, Occ: Presently working as N.M.R employee at the Cuddapah Co-operative Sugars Limited, Doulathapuram, Cuddapah District. …PETITIONER AND The Managing Director, The Cuddapah Cooperative Sugars Limited, Doulathapuram, Chennur Mandal, Cuddapah District and another. …RESPONDENTS ORDER: Petitioner seeks a Writ of Mandamus to direct the respondents to give him regular compassionate appointment in the first respondent sugar factory. Counter has been filed stating that the petitioner was not a regular employee of the first respondent factory, in fact, he worked as a seasonal employee only; he was never paid salary for all twelve months and he used to work during the seasons only. As per the orders of the Government to provide employment to the dependants of the deceased employees of the first respondent factory in the available vacancies, the petitioner was engaged on daily wages on compassionate appointment as the father of the petitioner died while in service. He was appointed on 24.01.1994 and continued up to 20.07.1995. As the first respondent factory became a sick unit, the State Government declared it as a relief undertaking by proceedings dated 31.10.1994. Therefore, the Industrial Disputes Act and other Labour enactments are not applicable to the first respondent factory, more over; the first respondent factory applied for permission for laying off its workmen and such permission was granted by the State Government by proceedings dated 22.07.1995. Therefore, the first respondent is not under any obligation to pay even layoff compensation to the workmen with effect from 20.07.1995 and the petitioner was not allowed to work from that day. It is further stated that the first respondent factory is under layoff and as and when the layoff is lifted and the factory starts working the petitioner will be taken on daily wage basis. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the petitioner is not entitled for any relief during the course of layoff period of the first respondent factory but as and when the layoff is lifted if the petitioner is not taken back into service on daily wage basis it is open to the petitioner to approach this Court again. With the aforesaid observation, the writ petition is accordingly disposed of. No costs. ______________ V. ESWARAIAH, J August 22, 2006 DSK