IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE 2nd DAY OF DECEMBER, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.6885 OF 2000 Between: Usha Sree … Petitioner And A.P.Seed Certification Agency and others … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.6885 OF 2000 ORDER: - By means of filing this writ petition, petitioner assails the correctness of the award passed by the Labour Court-II, Hyderabad in I.D.No.106 of 1996, dated 06.10.1999, and also the proceedings of the Director of the A.P.State Seed Certification Agency, Hyderabad- respondent No.1, dated 25.03.2000, as arbitrary and illegal and for consequential direction to regularise the services of the petitioner as a Record Assistant in the light of the qualifications possessed by her. The petitioner, who was appointed on daily wage basis and worked from 11.09.1990 till her removal on 22.07.1996, raised an industrial dispute in I.D.No.106 of 1996 before the Labour Court-II, Hyderabad under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short, “the Act”) for setting aside the removal order, dated 22.07.1996. The Labour Court-II by its award, dated 06.10.1999, held that the provisions of the Act are applicable to the respondents’ organisation; that the petitioner worked continuously for more than 240 days from 11.09.1990 till her removal on 22.07.1996; that the provisions of Section 25(f) of the Act have not yet been followed before termination of the services of the petitioner; and that since the petitioner has not attended to the tag i.e., Rs.15/- for 5,000 tags, she is not entitled to back wages but entitled to reinstatement in service with continuity of service but without back wages and accordingly, ordered for reinstatement of the petitioner into service. On passing the award, respondent No.1 by the impugned proceedings, dated 25.03.2000, terminated the services of the petitioner by paying the retrenchment compensation i.e., one month salary in lieu of notice and gratuity. Petitioner, if aggrieved by the retrenchment order again, has to raise an industrial dispute, but straight away cannot file the present writ petition questioning the denial of back wages in the Industrial Dispute and also termination of the services. The Labour Court II passed the award only on the ground for non-compliance of the provisions prescribed under Section 25(F) of the Act while terminating the services of the petitioner. When the petitioner’s services have been terminated in compliance of Section 25(F) of the Act, whether the services can be terminated or not is a fresh cause of action for which the petitioner can raise industrial dispute, if she so desires. Except stating that the proceedings of termination is an affront to the orders of the award passed by the Labour Court and the petitioner is entitled to regularisation of his services, learned counsel for the petitioner failed to substantiate as to how the termination order is illegal. If that be the case, it is always open for the petitioner to raise an industrial dispute questioning the termination order. As the petitioner has not fulfilled the eligible criteria prescribed under G.O.Ms.No.212, the petitioner cannot claim regularisation of the services. Further, on passing the award, respondents-management by memo No.SCA/Estt/3227/96, dated 27.11.1999, contracted the services of the petitioner on daily wages basis for five days a week for tag verification, as per the directions issued by the Labour Court II and by following the procedure prescribed under Section 25(f) of the Act, the services of the petitioner were terminated. Therefore, the same has to be agitated before the Labour Court but not under Article 226 of the Constitution. The single writ petition filed for two different causes of action as referred to above, cannot be entertained and it is liable to be dismissed. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. __________________ A.GOPAL REDDY, J December 2, 2010 lmv