IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17315 of 2002 Between: M. Durgaiah and two others ..... PETITIONERS AND The Singareni Collieries Co.Ltd and two others .....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 an appropriate writ order or direction especially one in the nature of a writ of Mandamus directing the respondents herein to continue the first petitioner in service as Gardener in Singareni Collieries High School, Yellandu, Khammam District; and 2nd and 3rd petitioners in Singareni Collieries High School, Kothagudem as Attender/Gardener- cum-Watchman respectively in the 1st grade service together with scale of pay and allowances attached to the post and accord all consequential and other attendant benefits as regards arrears of pay, seniority and such other benefits as may be deemed fit and proper by declaring the action of the respondents in creating artificial breaks of the services of the petitioners as being arbitrary, illegal, unconstitutional, null and void and pass such other and further order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.Y.VENKAT SASTRY Counsel for the Respondent No.: MR.K.SRINIVASA MURTHY The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17315 of 2002 ORDER: 1 The petitioners approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an appropriate writ order or direction especially one in the nature of a writ of Mandamus directing the respondents herein to continue the first petitioner in service as Gardener in Singareni Collieries High School, Yellandu, Khammam District; and 2nd and 3rd petitioners in Singareni Collieries High School, Kothagudem as Attender / Gardener – cum - Watchman respectively in the 1st grade service together with scale of pay and allowances attached to the post and accord all consequential and other attendant benefits as regards arrears of pay, seniority and such other benefits as may be deemed fit and proper by declaring the action of the respondents in creating artificial breaks of the services of the petitioners as being arbitrary, illegal, unconstitutional, null and void and pass such other and further order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case.” 2 The brief facts of the case are that the petitioners joined the service of the first respondent as Gardner, Attender and Gardner – cum – watchman respectively and since their respective dates of appointment they were discharging their duties in the second respondent school run by the first respondent management. As the petitioners have worked continuously, the second respondent recommended their cases for absorption on regular basis. However, the same was not considered and they were directed not to attend the office in the year 1999. Assailing the said oral termination, the petitioners approached this court and filed the present Writ Petition. 3 Heard both sides. 4 No doubt, there is no continuity of service and there are breaks in their services. But from that it cannot be said that the petitioners have not worked continuously. These are all artificial breaks shown by the management only to get over the provisions of the Industrial Disputes Act and in fact, the Supreme Court has clearly laid down that such artificial breaks are unwarranted. The proceedings issued on different dates clearly establish that the petitioners worked for a period of more than six years and this clearly establishes that they are in the employment of the management and as their services were required the second respondent school also recommended for their absorption on regular basis. In that view of the matter, this court holds that the said action of the management in not permitting the petitioners to attend to their regular job is illegal. Unfortunately they are out of service from 1999 onwards till today i.e. for a period of 10 years. Hence this court cannot give a direction to the respondent – management to reinstate the petitioners and continue them in service with all benefits. But, however, having regard to the fact that they have put in continuous service and the said termination is bad in law, the respondent management is hereby directed to appoint the petitioners afresh in their respective posts as per the present scale of pay forthwith. So far as the regularization of their services is concerned, having regard to the fact that they worked previously the respondent management may consider their case on priority basis. 5 The Writ Petition is accordingly disposed of. No order as to costs. --------------------- 18.06.2009 kvsn