IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2354 of 2002 Between: M.Srinivasarao ..... PETITIONER AND Commissioner, Visakhapatnam Municipal Corporation, Visakhapatnam and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2354 of 2002 O R D E R: It is the case of the petitioner that he worked as NMR in the 1st respondent-Visakhapatnam Municipal Corporation from 01.01.1991 to 31.10.1992 without any break of service and he was paid Rs.795/- per month @Rs.27/- per day. It is stated that he was also given service certificate having worked from 01.01.1991 to 31.10.1992 but his services were terminated on 31.10.1992 without assigning any reasons. Therefore, he filed I.D.No.47/1999 on the file of the 2nd respondent- Industrial Tribunal-cum-Labour Court and the Labour Court passed ‘Nil’ Award dated 29.06.2001. Aggrieved by the same, this writ petition is filed contending that the Labour Court ought to have drawn adverse inference against the 1st respondent Corporation as it failed to produce the Muster Rolls. He further contended that the Labour Court erred in arriving its conclusions without giving any credence to the service certificate, and that the Labour Court ought to have considered the service certificate issued by the Corporator. The respondents filed counter stating that the petitioner worked on daily wages with one day break for every 89 days and he has not been working as on the crucial date i.e. on 25.11.1993 and therefore, the petitioner is not entitled either for re-induction or reinstatement into service. He has not fulfilled any criteria as required under the provisions of Act 2/94 for regularization of service, and as no evidence has been adduced having worked for a period of 240 days in a year, it cannot be said that the termination of the petitioner is illegal and without any basis. I have perused the award of the Industrial Tribunal-cum-Labour Court. The so-called Ex.W1 service certificate said to have been issued by one J.Sambamurthy, Corporator of 14th division, Visakhapatnam Municipal Corporation was not relied on by the Industrial Tribunal on the ground that the said Sambamurthy was not the Corporator at the relevant time, as no elections were held to the Municipal Corporation during the said period and also the said Sambamurthy, Corporator was not at all examined. Except the oral testimony of the petitioner and Ex.W1 certificate no other material or record was placed before the Industrial Tribunal in support of his contentions that he worked as either NMR or as Badali worker in the Sewage Forum or Malaria Wing of the public health section of the Corporation. Therefore, in the absence of any material placed and in view of the fact that Sambamurthy was not at all Corporator at the relevant time, no credence was given to the said service certificate. The petitioner has never taken any steps to call for muster rolls, therefore, having failed to take steps before the Industrial Tribunal to summon the muster roll, it cannot be said that the Industrial Tribunal committed an error in disbelieving Ex.W1 service certificate. I do not see any merit in this writ petition and the same is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 08.10.2010 Dsr