IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.21106 OF 2011 Date:27.07. 2011 Between:- K.Jangaiah and others. .. Petitioners And Veljan Hydrair Pvt. Ltd, Patancheruvu, rep.by its Work Manager and others. .. Respondents ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of respondent No.1 in transferring the petitioners, vide office order, dated 19.07.2011, without giving any prior notice as illegal and arbitrary, and consequently, to set aside the same. 2. The case of the petitioners is that they joined as Casual Labour in the category of Helpers in the respondent company. They were made permanent on 23.09.1986, 09.12.1989 and 01.10.1986 respectively. They belong to deprived classes of the society. Respondent No.1 company is engaged in hydraulic cylinders at Patancheruvu and is indulging in all types of anti labour practices as outlined in schedules 5/8 of Industrial Disputes Act, 1947 r/w. Section 25-T & U therein. The earlier Trade Union entitled Veljan Workers Union was active for 15 years and was made to defunct and the union officials were removed from services, persecuted and driven out in many ways. Their workers represented to Personnel Officer- Mr.Srinivasa Reddy enlisting their genuine demands and imploring appeals for the increase of wages for a strenuous service of 25 years. The Personnel Officer argued with the workers not to form a new Trade Union and promised that he would take up the matter with the higher authorities, but in vain. So, the employees conducted a General Body Meeting on 05.06.2011 and resolved to register a Trade Union under the Indian Trade Union Act, 1926. The Personnel Officer committed theft of the records and seized the Minutes Book on 19.07.2011 and instantly, served the illegal impugned order to petitioner No.3, as immediate reaction for formation of the New Trade Union, by transferring him to M/s.Veljan Hydrair Ltd., Marketing and Servicing Works at Shantiniketan, Kolkata, West Bengal and he was advised to report there on or before 27.07.2011. Petitioner No.3 was dragged out of the front gate by the said Officer. Petitioner Nos.1 and 2 were also prevented to enter into the company and their similar transfer orders were said to be pasted on the board at the main gate. No prior notices were given to the petitioners. Hence, the writ petition. 3. Heard. 4. Respondent No.1 is a private body. No doubt, the powers under Article 226 of the Constitution of India can be exercised against a person or a private body, provided that person or private body is discharging public duty or a public function or a statutory function. No such allegations are averred in the affidavit filed in support of the writ petition. Therefore, in the absence of any public duty, the question of entertaining this petition does not arise. 5. Therefore, the Writ Petition is dismissed with a liberty to the petitioners to avail the remedies available to them under law. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 27th July, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.21106 OF 2011 Date:27.07.2011 AMD