THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.3779 of 2001 ORDER: The petitioners, four in number, seek to challenge the action of the respondents in rejecting their cases for absorption, in this writ petition. The case of the petitioners is that they have been working as Helper-cum-Sweepers since 1991 and their services have been engaged through different contractors. The services of the petitioners have been utilized for various housekeeping jobs at the Mini Hydel Power Station, Chettipeta in West Godavari District. The petitioners assert that they attend to the jobs of clearing the debris gathered near the Trash Rack Gates of the Power Station and they clean and keep all the usable items in tidy shape, apart from regularly attending to general upkeep, maintenance and cleanliness of the premises. Their services have been engaged on contractual basis through one contracting agency or other. The State Government has considered the issue of abolishing the contract labour system and accordingly, exercised the power available to it under Subsection (1) to Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (henceforth referred to as ‘the Act’), and passed orders through their G.O.Ms.No.41, Labour Employment Training & Factories (GAS.II) Department, dated 23-09-1996, abolishing 33 categories of employment in the Andhra Pradesh State Electricity Board (‘the Board’, for short). It is relevant to notice that, of them, at Serial No.19 the category of Sweepers and at Serial No.31 the category of Helpers have been mentioned. It will be appropriate at this stage to notice that the State Government after consultation with the State Advisory Board, prohibited the employment of Contract Labour in any process, operation or other works in any establishment. The Mini Hydal Power Station, being an industry involving process and operation works, the policy of abolition of contract labour system by the State Government is applicable, therein. Therefore, the State Government passed orders through their G.O.Ms.No.41, dated 23-09-1996, abolishing 33 categories of employment within the Board. Subsequently thereto, the Board has itself taken a policy decision for the purpose of absorbing the contract labour, who have been engaged by it earlier. The policy decision of the Board has been announced through their B.P.(P&G Per) Ms.No.272, dated 31-12-1997, in substitution of its earlier decision contained in B.P.(P&G Per) Ms.No.37, dated 18-05- 1997, framing certain guidelines and instructions to enable the competent authorities to absorb the contract labour engaged against the 33 abolished categories of labour mentioned in G.O.Ms.No.41, dated 23-09-1996. The prerequisite conditions have all been listed out in the said B.P.Ms.No.272, dated 31-12-1997. Therefore, the only question that requires to be answered in this writ petition is whether the four petitioners herein are those, who have been engaged against one or the other of the 33 categories of contract labour, abolished by the State Government exercising the power available under Subsection (1) of Section 10 of the Act, through their G.O.Ms.No.41, dated 23-09-1996. As was already noticed supra, of the 33 categories of contract labour abolished by the State Government, at Serial No.19 the posts of Sweepers are included, while at Serial No.31, Helpers are included. If one were to examine the nature of duties, which have been entrusted to be performed by the writ petitioners, it becomes clear that they are essentially engaged to perform the functions as Sweepers. They have been discharging the functions, which are normally attended to by Sweepers and or by Helpers. Since, maintenance and upkeep of the Mini Hydal Power Station is an essential activity, the contract labour have been engaged for attending to the sweepers duties and helpers duties. I have, therefore, no hesitation to hold that the petitioners were, in fact, engaged as contract labour to perform the duties of Sweepers and or Helpers, for housekeeping jobs at the Mini Hydal Power Station. Since, these categories of labour have been abolished by the State Government, through their G.O.Ms.No.41, dated 23-09-1996, it becomes inevitable for their cases to be considered for absorption. In fact, the policy decision contained in B.P.(P&G Per) Ms.No.37, dated 18-05-1997, which was subsequently superceded by the policy decision contained under B.P.(P&G Per) Ms.No.272, dated 31-12- 1997, creates an obligation on the respondents to consider absorption of the writ petitioners. The Board has subsequently been bifurcated as Andhra Pradesh Transmission Corporation Limited (A.P.Transco) and Andhra Pradesh Generation Corporation Limited (A.P.Genco). The successor institutions are equally bound by the decision taken by the monolithic organization, the Board, their predecessor. In fact, the respondents realizing their obligations, for considering the candidature of the writ petitioners for absorption into service on regular basis, have taken up their cases for such absorption. But however, their candidature has been rejected through their orders passed on 13-01-2000, holding that they are not eligible for appointment as Junior Line Men, as they are not qualified for such appointment. It must be noticed that if the petitioners do not have the basic qualifications necessary for absorption as Junior Line Men, they cannot be absorbed as such. They have no right so seek absorption as Junior Line Men, which post requires certain basic technical knowledge and experience to be possessed. Persons, who do not have the necessary qualification and experience, cannot be absorbed against such posts. It would not only be hazardous to the individual concerned, it would also be improper for an organization, such as, A.P.Genco or A.P. Transco, to have ineligible persons amongst their ranks. Therefore, the action of the respondents in not absorbing the writ petitioners as Junior Line Men, cannot be faulted. However, the issue does not stop there, the respondents ought to have taken an appropriate decision as to how to absorb the 33 categories of personnel, whose employment on contract basis has been abolished by the State Government in exercise of the power available to it under Subsection (1) of Section 10 of the Act. Particularly, when certain categories of posts, like Helpers and Sweepers, have been abolished, the State Government would not have expected the employer to absorb the Sweepers and Helpers against technical posts, such as Junior Line Men. Therefore, it is only appropriate that the persons, who are working against non-technical posts, such as Sweepers and Helpers, should be considered for appointment and absorption against any last-grade services, such as Attenders or Man Mazdoors, which posts appears to have been re-designated as Junior Plant Attendants. It is, therefore, appropriate to direct the respondents to take up for consideration the cases of the writ petitioners for absorption against any other suitable non-technical post, duly keeping in view the qualifications possessed by them and pass appropriate orders within a maximum period of three months from date of receipt of a copy of this Order. With this, the writ petition stands allowed. No costs. The learned counsel for the petitioners seeks permission to implead the A.P. Genco, as party respondent, because the Mini Hydal Power Station, where the writ petitioners are working, is under the control of the A.P.Genco. I have heard Sri K. Chidambaram, learned Standing Counsel for the respondents. Since, the impleadment sought for is purely a technical one, I consider it appropriate to order the same. Accordingly, a weeks time is granted for amending the cause title appropriately. --------------------------------- Nooty Ramamohana Rao, J mrk 22nd April 2009