HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 1365 OF 2005 Between: APSRTC represented by its Executive Engineer ………….Petitioner AND Kintada Demudu S/o Suryanarayana ………….Respondent JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) Challenging the order-dated 17.03.2005 passed in Writ Petition No. 24213 of 1999 by the learned single Judge of this Court, the present Writ Appeal is filed. Brief facts of the case are that the respondent herein claimed to have worked under the appellant- Corporation from 5.2.1985 to July 1995 continuously. It is stated that all of a sudden the appellant-Corporation informed the respondent orally that his services were no more required. Hence, the respondent complained that the Corporation failed to give him any notice or pay or retrenchment compensation and issued notice to the appellant- Corporation. For that the appellant-Corporation simply discharged him not to attend work. Hence, the respondent raised an Industrial Dispute in I.D.No. 476 of 1995 and the labour Court passed an award dated 28.1.1999 declaring that the retrenchment of the workman is invalid and directed the management to continue him in service as its own employee with continuity of service from the inception of his service but without backwages. It further directed the management to pay the workman an amount of Rs. 500/- by way of costs. Aggrieved by the same, appellant-APSRTC filed Writ Petition and a learned single Judge of this Court dismissed the Writ Petition following the common order passed in Writ Petition Nos. 8714 of 1999 and batch dated 24.11.1999 wherein a learned Single Judge in similar such circumstances rejected the objections of the appellant-Corporation. Aggrieved by the same, the appellant-Corporation filed the present Writ Appeal. The learned Standing Counsel for APSRTC, appearing for the appellant submits that the learned Judge failed to see that there is no employer and employee relationship between the appellant and the respondent and the respondent was engaged by the Contractor and as such the appellant- Corporation has no direct control on the respondent. Heard the learned counsel appearing for the appellant and also perused the material made available on record. For ready reference Section 2 (oo) and (bb) of the Industrial Disputes Act, 1947 is extracted hereunder: “(oo) ‘retrenchment’ means ;the termination by the employer of the service of a workman for any reasons whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include- (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or (bb) termination of the service of the workman as a result of the non-renewal of the contract of the employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein ; or) ( c) termination of the service of a workman on the ground of continued ill-health.” The labour court directed the management to continue respondent herein in service as his own employee with continuity of service from the inception of his service but without backwages. Even a learned Single Judge of this Court dismissed the Writ Petition filed by the management following the ratio laid down by this Court in Writ Petition Nos. 8714/99 and batch dated 24.11.1999. In view of the above and also in view of the rule position mentioned above, viz., under Section 2 (oo) and (bb) of the Industrial Disputes Act, we see no reason to interfere with the order passed by the leaned Single Judge of this Court and the Writ Appeal is liable to be dismissed. Accordingly, the Writ Appeal is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ SANJAY KUMAR, J DATE: 02.08.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.