IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3757 of 2000 Between: A.P.S.R.T.C., Staff and Workers Federation, Rep. by its General Secretary Sri R.Lakshmaiah, S/o.R.L.Kanta Rao, R/o.1-1-60/4, RTC X Roads, Musheerabad, Hyderabad. ..... PETITIONER AND The A.P.S.R.T.C., Rep. by its Managing Director, Musheerabad, Hyderabad. .....RESPONDENT 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent not ﬁxing the daily wage rates to the casual employees in the of the principles equal wage to equal work from 1st January, 1998 to 31st December, 1999 and not paying enhanced payment on per with regular employees is illegal and arbitrary and contrary to the Art.14, 16 of Constitution of India, consequently direct the respondents to ﬁx the daily wage rates of the casual employees in accordance with the enhancement of D.A. from 1st January, 1998 to 31st December, 1999 and pay the arrears of enhanced daily wage rates retrospectively and pass such other order or orders as this Hon'ble Court deem fit and proper. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent No.: K.MADHAVA REDDY (SC FOR APSRTC) The Court made the following : ORDER: In this writ petition, the petitioner – Andhra Pradesh State Road Transport Corporation Staﬀ and Workers Federation seeks directions by way of mandamus to declare the action of the respondent in not revising daily wage rates of casual/daily wage employees working in the respondent – Corporation on par with the regular time scale employees as arbitrary and illegal. In the counter aﬃdavit ﬁled on behalf of the respondents, it is categorically stated that the APSRTC Employees Union served strike notice dated 04-06-1999 on the Vice Chairman and Managing Director with a charter of 17 common demands proposing to call on the strike of workers of APSRTC on or before 19-06-1999. It is stated that the issue with regard to revision of daily wage rates of daily wage and casual employees on par with the regular employees is one of the 17 demands and in view of the said dispute raised by the Union, the Government had already referred the matter vide orders in G.O Rt.No. 1234, dated 09-07-1999 and the same is the subject matter of I.D No. 43 of 1999 before the Industrial Tribunal – I, Hyderabad. The daily wage employees sought emoluments on par with the regular employees, but it all depends on the nature of work which is being entrusted to the daily wage workers etc., in comparison to the regular employees. Unless such factual aspects are enquired into, it is not possible to order revision of wages on par with regular employees. In any event, as the matter is already referred by way of an industrial dispute which is registered as I.A No. 43 of 1999 before the Industrial Tribunal – I, Hyderabad, I see no reason to grant any directions in this writ petition. The writ petition is devoid of any merit and accordingly, the same is dismissed. No order as to costs. R.SUBHASH REDDY, J Dated: 15-09-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Managing Director, APSRTC, Musheerabad, Hyderabad. 2. 2CD copies