IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 24593 of 1998 Between: 1 Krihsna Kumari, W/o.Tunk Bahadur, Priyadarshini Spinning Mills Colony, Sadasivapet, Medak District. 2 A.Suguna, D/o.Shivakumar, Priyadarshini Spinning Mills Colony, Sadasivapet, Medak District. 3 D.Durgabhavani, D/o.Babu Rao, Priyadarshini Spinning Mills Colony, Sadasivapet, Medak District. 4 M.Ratna Kumari, D/o.Parisuddha Rao, Main Road, Sadasivapet, Medak District. 5 G.Bhagya Rekha, W/o.Mallesam, Temple Street, Sadasivapet, Medak District. 6 Anasuja, W/o.Eswarjee, Main Road, Sadasivapet, Medak District. 7 Smt. Pavan Bai, W/o.Prakash, Near Priyadarshini Spinning Mills, Sadasivapet, Medak District. 8 Smt. Sangamma Ch., W/o.Ch.Ballayya, Main Road, Sadasivapet, Medak District. 9 Ms. Manjula, D/o.Anjayya, Tanjedeapalli, Near Sadasivapet, Medak District. ..... PETITIONER(S) AND 1 The Union of India, Rep. by its Secretary, Incharge Labour Department, Shramashakti Bhawan, New Delhi. 2 The State of Andhra Pradesh, Rep. by its Secretary, Incharge Labour, Secretariat, Hyderabad. 3 The Directorate of Factories, Government of Andhra Pradesh, Ashoknagar, Hyderabad. 4 M/s. Priyadarshini Spinning Mills Limited, Sadasivapet, Medak District. .....RESPONDENT(S) 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 to declare that the Sec.66 1(b) of the Factories Act.1948 (Act XL III of 1948, Central Act) as ultra-vires, arbitrary, discriminatory and unconstitutional and thereby to set aside the same by issuing a Writ of Mandamus or any other appropriate writ or order or direction as the Hon'ble Court may deems fit and proper in the circumstances of the case and to allow the Writ Petition with costs. Counsel for the Petitioner:MR.P.NAGESWAR SREE Counsel for the Respondent No.: MR.BATHULA VENKATESWARA RAO The Court made the following : Form-NIC-OGS/WP{TML} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.24593 of 1998 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) The Controversy in this writ petition is with respect to the right of the women to work during night shifts. This controversy has already been settled by this Court in K.S. TRIVENI AND OTHERS v. UNION OF INDIA AND OTHERS[1]. Relying on the said judgment, we dispose of the writ petition. No costs. _________________________ JUSTICE V.ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR 5th February, 2009 Kvr [1] 2002 Suppl. (1) A.L.D. 669 (DB)