THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.28614 OF 2010 ORDER: This Writ Petition is filed seeking to issue writ of mandamus declaring the inaction of the respondents 1 to 9 in regard to the grievance of the petitioner and their 38 workmen as regards their regularization and permanency and their absorption in the establishment of respondents 10 and 11 in their Cement Factory at Macherla, Guntur District to the appropriate Labour Court or Industrial Tribunal for adjudication as arbitrary and violative of Arts. 14 and 21 of the Constitution of India and provisions of I.D. Act, 1947 and Contract Labour Regulation and Abolition Act, 1970 and rules made there under and consequently direct the respondents 1 to 9 to take necessary steps for making 38 workmen permanent in the establishment of respondents 10 and 11 and for payment of wages on par with permanent workers in their respective categories together with arrears of wages and other benefits from the date of their employment with interest at 12% per annum. 2. Learned counsel for the petitioner stated that in spite of raising a dispute with regard to seeking regularization of 38 workers, respondents 10 and 11 have not considered their case and therefore, the matter has to be referred to the Labour Court for adjudication of the said dispute and the Government has not taken any steps to refer the dispute to the Labour Court. 3. On the other hand, learned counsel for respondents 5 to 9 opposed the same on the ground that they are not entitled for regularization and hence, he prays to dismiss the petition. 4. Whether the petitioners are entitled to be regularized or not has to be decided by the competent Labour Court. For that purpose, the dispute must be referred to the Labour Court by the Government. A representation was pending before the 5th respondent. Therefore, the 5th respondent has to take appropriate decision as to whether the matter has to be referred to the Labour Court or not. 5. Therefore, the Writ Petition is disposed of directing the 5th respondent to take appropriate decision as to whether it is a fit case to refer the dispute to the Labour Court and pass orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. No order as to costs. _______________ K.C. BHANU, J DATED: 14-06-2011 Note: Issue C.C. in one week. B/O Hsd