IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 290 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 06/02/2008 in WP NO : 22005 OF 2007 on the file of the High Court.) Between: 1 B. Laxman Naik, S/o. Sukhya Naik, Equipment and Atomoation Division, Nuclear Fuel Complex Hyderabad. 2 N. Eswaraiah S/o. N. Latchayya Nuclear Fuel Complex, Hyderabad. 3 K. Ramulu S/o. Kondaiah Nuclear Fuel Complex, Hyderabad. ..... APPELLANT(S) AND 1 Nuclear Fuel Complex, rep. by its Chief Executive, Moula-Ali, ECIL Post, Hyderabad. 2 NFC EMployees Association, rep. by its General Secretary, ECIL Post, Hyderabad. 3 A. Mysaiah, T/G, BPS 4 D. Subash Reddy T/E/CFFP/P 5 Deva Kumar T/F, MFP 6 M. Siva Prasad AAT/F, QAF 7 P. Mallesh T/F, QAF 8 C. Prakash T/E/, MTP .....RESPONDENT(S) Counsel for the Appellant:MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :290_of 2008 JUDGMENT: (Per Hon’ble Sri Justice C.V.Nagarjuna Reddy) This writ appeal is filed against order dated 6.2.2008 in W.P.No:22005 of 2007 whereby the learned single Judge dismissed the writ petition filed by the appellants. Heard Sri S.R.Sanku, learned counsel for the appellants and Sri A.Rajasekhar Reddy, learned Assistant Solicitor General for respondents- 1 and 2 and Sri V.Jagapathi, learned counsel for respondents-3 to 8. The appellants were nominated as members of Canteen Managing Committee by respondent No.1 by its proceedings dated 26.6.2007. Subsequently, by proceedings, dated 6.10.2007, respondent No.1 decided to reconstitute the Canteen Managing Committee. This order is questioned by the appellants in W.P.No:22005 of 2007. The main ground of attack of the order impugned in the writ petition was that the Canteen Managing Committee, which is statutorily constituted, shall continue for a period of two years from the date of its constitution and therefore, the order impugned in the writ petition proposing to reconstitute the Canteen Managing Committee before the expiry of two years, is contrary to the provisions of the A.P. Factories Rules, 1950 (for short “Rules”). At the hearing, the learned counsel for the appellants placed reliance on Rule 70 (5) of the Rules, which mandates that a Canteen Managing Committee shall be dissolved by the manager two years after the election. The learned counsel for the respondents submitted that the Canteen Managing Committee has not been constituted in accordance with section 70 (2) of the Rules, which mandates that the Canteen Managing Committee shall consist of an equal number of persons nominated by the occupier and elected by the workers. The learned counsel for the appellants admitted that the appellants were not elected by the workers. In our considered view, unless the Canteen Managing Committee is constituted in accordance with Rule 70 (2) of the Rules, the tenure fixed under Rule 70 (5) of the Rules, has no application. In the case on hand, it is quite evident that the appellants were nominated in the Canteen Managing Committee purely by administrative order, dated 26.6.2007 and not by following the procedure contemplated in Rule 70 (2). The management of respondent No.1 in its wisdom decided to reconstitute the committee by its proceedings dated 6.10.2007. Rule 70 (5) of the Rules, therefore, does not come in its way to reconstitute such committee. Therefore, we do not find any error in the order of the learned single Judge. The Writ Appeal is, therefore, dismissed. ________________________ Justice T. Meena Kumari _____________________________ Justice C.V. Nagarjuna Reddy Dated: 17/02/2009 Nn/gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :290 of 2001 (Judgment delivered by the Hon’ble Sri Justice C.V.Nagarjuna Reddy) 17.02.2009