IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA WRIT PETITION NO : 8003 of 1995 Between: 1 T. Vijaya Kumar S/o. T.Narayana Swamy in Hyderabad Allwyn Limited, allotted to A.P. Industrial Development Corporation, Hyderabad. 2 V. Sarveswar Rao S/o. V. Hanumaiah in Hyderabad Allwyn Limited, allotted to A.P. Industrial Development Corporation, Hyderabad. 3 K. Venkateswara Rao S/o. K. Sobhanachalam, in Hyderabad Allwyn Limited, allotted to Nizam Sugars Limited, Hyderabad. and presently working at Bobbili. 4 V. Ramesh Kumar S/o. V. Laxminarayana in Hyderabad Allwyn Limited, allotted to A.P.Small Scale Industrial Development Corporation Limited, Hyderabad. 5 V. Lakshmi Narayana S/o. V. Somasundara Rao in Hyderabad Allwyn Limited, allotted to A.P.Small Scale Industrial Development Corporation Limited, Hyderabad. 6 S. Srinivasa Murthy S/o. S. Satyanarayana Sarma in Hyderabad Allwyn Limited, allotted to A.P.Small Scale Industrial Development Corporation Limited, Hyderabad. 7 A. Sudhakar S/o. K.N. Apsingekar in Hyderabad Allwyn Limited, allotted to A.P. Beverages Corporation Ltd, Hyderabad. 8 S. Sudheer S/o. S. Rajesham in Hyderabad Allwyn Limited, allotted to A.P. Foods, Nacharam, Hyderabad. 9 L. Srinivasa Kumar S/o. L. Subba Rao in Hyderabad Allwyn Limited, allotted to A.P. Foods, Hyderabad. 10 D. Veerabhadra Rao S/o. D. RamaRao in Hyderabad Allwyn Limited, allotted to A.P. Mineral Development Corporation, Hyderabad. 11 M. Ravi Prasad S/o. M. Subba Rao in Hyderabad Allwyn Limited, allotted to A.P. Housing Board, Hyderabad. 12 N. Narasimha Swamy S/o. N. Mallaiah in Hyderabad Allwyn Limited, allotted to A.P. State Agro Industries Development Corporation Limited,Hyderabad. 13 Aitha Madhusudan Rao S/o. Late Shri. A. Kanakiah in Hyderabad Allwyn Limited, Hyderabad allotted to A.P. Beverages Corporatioin Ltd., Hyderabad. ..... PETITIONERS AND 1 State of Andhra Pradesh, rep. by Chief Secretary, A.P. Secretariat Buildings, Hyderabad. 2 Convenor, Empowered Committee, and Managing Directors, Andhra Pradesh Industrial Development Corporation, Hyderabad. .....RESPONDENTS 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 issue a writ or order or direction, especially one in the nature of Mandamus; i) declare that the petitioners are entitled for absorption in the allotted Corporations/Public Sector Enterprises etc., in terms of G.O.Rt.No. 383 and 384 Industries and Commerce Department dt. 31.3.1993 and G.O.Ms.NO. 180 Industries and Commerce Department dt. 28.4.1993; ii) to declare that the State Government is estopped from discharging the petitioners from service in view of their undertaking before B.I.F.R. on 4.4.1994 and the agreement before the Deputy Commissioner of Labour under Sec. 12 (3) of the Industrial Disputes Act, 1947; iii) to direct the respondents to grant the increments due to the petitioners from the date of their release from Hyderabad Allwyn Limited with an interest at 18 percent per annum on the amounts due; and iv) to grant such other relief or reliefs as this hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.V.JOGAIAH SARMA Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE The Court made the following : ORDER: Heard. 2. The dispute involved in this writ petition is with regard to absorption and for payment of scales to the erstwhile employees of Allwyn company, Hyderabad. 3. It is brought to the notice of this Court that subsequently pursuant to the judgment rendered by Supreme Court, the Government had issued G.O.Ms.No.337, Industries and Commerce (IFR.II) Department dated 17-11-2003, prescribing certain conditions regarding absorption and fixation of pay scale to the said employees. One said G.O is made part of the record. 4. Having regard to the facts and circumstances and taking the G.O into consideration, this writ petition is disposed of with the following direction to the respondents: The case of the petitioners shall be considered in the light of the G.O.Ms.No.337, Industries and Commerce (IFR.II) Department, dated 17-11-2003. 5. In the circumstances of the case, there shall be no order as to costs. --------------------------- 05.08.2004 AVS/vs To 1 The Chief Secretary, State of Andhra Pradesh, A.P.,Secretariat Buildings, Hyderabad. 2 The Convenor, Empowered Committee, and Managing Directors, Andhra Pradesh Industrial Development Corporation, Hyderabad. 3 Two CCs to the G.P for Industries and Commerce, High Court of A.P., Hyderabad. (O.U.T). 4 Two CD copies. THE HON'BLE MR JUSTICE D.S.R.VARMA WRIT PETITION NO. 8003 OF 1995 Dated: 05-08-2004