IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :6525 of 1999 Dated: 15th February 2008. Between: D.Bola Shankar, S/o Desin Saib, aged about 31 years, Waranga District and others. ..... PETITIONERS AND Andhra Pradesh State Road Transport Corporation, rep., by its Vice Chairman & Managing Director, Musheerabad, Hyderabad and other. .....RESPONDENTS THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.6525 OF 1999 ORAL ORDER: This writ petition has been instituted by five individuals, who called in question the orders passed by the 1st respondent-Corporation on 31st March 1998, rejecting their claims for absorption into the service of the Corporation as Cleaners, pursuant to the policy decision of the Corporation to absorb suitable displaced employees, who were working with the private bus operators prior to the nationalization of the routes. The case of the writ petitioners is that they have rendered considerable length of service as Cleaners and Helpers with M/s Ashok Bus Company, Hanumakonda and that, in all, 39 bus routes were taken-over in terms of Section 68 (c) of the Motor Vehicles Act, 1939, during the year 1987. The bus routes on which the writ petitioners were working were also taken over on 07-11-1987, consequently the petitioners have become displaced from out of their employment with the private bus operator. The Labour Officer, Warangal, has prepared a list of Cleaners, who have worked with M/s Ashok Bus Company, Hanumakonda and has also furnished the necessary details including their Provident Fund account particulars. It is, therefore, claimed by the petitioners that there is no dispute, whatsoever, with regard to their status as Cleaners with the private bus operator. In terms of the policy decision of the A.P.S.R.T.C., they have preferred to appoint one Cleaner for almost every two buses taken over therefore, the petitioners assert that as many as 19 Cleaners ought to have absorbed out of the 39 routes nationalized in Warangal District and as against these, only 9 candidates have been selected for absorption as Cleaners pursuant to the selections that were carried out during February/March 1988. On 02-04-1988, the Corporation has issued the necessary proceedings absorbing into service, 9 candidates and some of whose names have been listed in Paragraph No.9 of the affidavit filed in support of the writ petition. The petitioners have further asserted that all these persons are juniors to them in service and, therefore, the action of the Corporation in absorbing them into service while leaving out the petitioners, who are seniors, is bad. In this set of circumstances, therefore, the petitioners have instituted W.P.No.5761 of 1989 complaining of their non- absorption. Pursuant to the directions issued by this Court in the aforementioned writ petition, the entire selection process, which was undertaken on 21st and 24th March 1988 has been reconsidered. The Corporation has asserted that in terms of Circular No. PD-125/1987, dated 23-11-1987, it was decided to consider the cases of the candidates, who does not possess ITI course certificate for absorption as Cleaners, provided they pass a Trade Test conducted by the Corporation in that regard. Since, the petitioners herein do not possess the ITI certificates, they were subjected to the Trade Test, which was not cleared by them. Therefore, the cases of the writ petitioners, though considered for absorption, could not be cleared for such absorption. The reason for their non-absorption being their non-passing the Trade Test. The rationality behind conducting a Trade Test prior to the absorption of the displaced employees into the service of the Corporation can hardly be called in question. Any employer, like the respondent- Corporation, which is a public sector undertaking, is entitled to screen the candidates before their absorption into its service. It is as much entitled and justified in selecting such candidates, who possess the basic and essentially required technical competence into its service. The technical competence and skill can be gauged based on their clearing the Trade Test. Therefore, conducting Trade Test by the Corporation and insisting upon the candidates to clear the same before they get absorbed cannot be termed or characterized as illegal. If the petitioners could not clear the Trade Test, they cannot insist upon their absorption into the service of the public sector Corporation. As Cleaners they are bound not only to deal with the engines of the various varieties of vehicles, which should be put to use by the Corporation, but they may come in contact with various other machines used regularly at the workshops, where the maintenance and upkeep of the fleet of the Corporation is undertaken. Persons, who are not familiar with the technical aspects of running engines or the machinery, might pose a danger for themselves, if not, for their fellow-workmen at the place of work. In this set of circumstances, the insistence of the first respondent-Corporation to absorb only such men, who have cleared the Trade Test, cannot be characterized as a whimsical or arbitrary decision. It is a rational one. For failure to clear the said Trade Test, the petitioners could not be absorbed into the service of the Corporation. In the absence of any material to doubt the correctness of the statement made by the respondent- Corporation in this regard, the writ petition is only liable to be dismissed. The writ petition is, therefore, dismissed, but however, without costs. -------------------------------- Nooty Ramamohana Rao, J 15th February 2008 mrk