IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.15824 of 2001 BETWEEN B. Ravinder. ... PETITIONERS AND A.P. State Road Transport Corporation. Rep. by its Managing Director and two others. ...RESPONDENTS Counsel for the Petitioner: MR. A.K. JAYAPRAKASH RAO Counsel for the Respondents: MR. K. SRINIVASA RAO SC FOR APSRTC The Court made the following: ORDER: Petitioner, who was appointed as a casual conductor under proceedings of the Regional Manager, APSRTC, Nellore dated 14.05.1999 and who was asked to work at Sullurpet depot, filed this writ petition complaining that he was not being engaged from 26.07.2001 and for a Mandamus that the said action of not engaging is violative of Sections 25-F, 25-N and 25-G of the Industrial Disputes Act, 1947 (for short ‘the Act’). 2. Heard both the learned counsel on either side. 3. According to the petitioner, he has worked continuously from 25.04.2000 without break in service. However, the said statement is contested by the respondents and in the counter affidavit it is stated that the petitioner has not worked continuously form the date of appointment and has completed only 215 days as on 31.12.2000 i.e. the date on which such conductors including the petitioner were decasulaised. It is also stated that decasualisation of said appointees is done twice in a year one batch on 1st January and other batch on 1st August. The specific assertion of the respondents that the petitioner has not completed 240 days is not contraverted by filing any reply affidavit. The same, therefore, has to be treated as not in controversy. 4. Petitioner’s primary relief based on oral termination, styled as prevention from engaging the petitioner by the respondents, is also clearly unsustainable and in view of the above, neither of the provisions of the Act is attracted. The writ petition is meritless and accordingly dismissed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 2, 2010 DSK