IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION Nos : 16515 of 2008 & 17403 of 2008 WRIT PETITION NO : 16515 of 2008 Between: 1 R. Rama Swamy S/o. Vishnu Murthy R/o. Near New Venkateshwara Temple St. Razole- E.G. Dist - 533242. 2 K. Mohan Rao S/o. Appa Rao R/o. Irrusumanda P & V, Via Lakkavaram, Malikipuram Mandal, E.G. District. 3 Nagabathula Jagajeevana Rao S/o. Veerabbayya R/o. Modapulanka P & V, P. Gannavaram Mandal, E.G. District. 4 Thota Ramachandra Rao S/o. T. Venkateswarlu R/o. Sivakodupalem, Razole Mandal, E.G. District. 5 Rapaka Prabhudasu S/o. Veera Swamy R/o. Thurpu palem P & V, Malikipuram Mandal, E.G. District. 6 Mamidisetti Srinivas Rao S/o. Veera Swamy R/o. Sivakodupalem P & V, Razole Mandal, E.G. District. 7 Pollamuri Satyanarayana Narasimha Murthy R/o. Pasarlapudi Lanka P & V, Mamidikuduru Mandal, E.G. District. 8 Yendarapu Prasad Rao S/o. Anjenuyulu R/o. Sankaraguptam P & V, Malikipuram Mandal, E.G. District. 9 G. Suri babu S/o. Krupanandam R/o. Gollapalem, Eastpalem, Malikipuram Mandal, E.G. District. 10 Kota Rajendra Prasad S/o. Satyanarayana Murthy R/o. Mamidikuduru P & V, Mamidikuduru Mandal, E.G. District - 533247. 11 Katta Yeukondalu S/o. Satyanarayana R/o. Padapatanam P & V, Mamidijuduru Mandal, E.G. District 533 247. 12 Katrenupadu Yesu Babu S/o. Ramaswamy R/o. Katrupadu P & V, Razole Mandal, E.G. District. 13 Kadali Srinivasa Rao Paramanada Rao R/o. Kottimeraka Village, Pasarlapudi Post, Mamidikuduru Mandal, E.G. District 533 247. 14 Undurthi Pothuraju S/o. Dhanuma Mamidikuduru Mandal, E.G. District 533 247. 15 Kombathula Chandra Rao S/o. Sattiyya R/o. Katrenupadu P & V, Razole Mandal, E.G. District. 16 Vasarla Rama Prasad S/o. Suryanarayana Murthy R/o.5-4-36, Surya Street, Surya Nagar, Amalapuram, East Godavari District. ..... PETITIONERS AND 1 The Oil and Natural Gas Corporation Ltd., having its office at Jeevan Bharathi Buildings, Connaught Circus, New Delhi, rep. by its Chairman cum Managing Director. 2 The Oil and Natural Gas Corporation Ltd., having its office at SRBC, 11th Floor, CMDA Buildings, Gandhi Larwin Road, Egmore, Chennai-600008, rep. by its Regional Director. 3 The Oil and Natural Gas Corporation Ltd., Krishna Godavari Project, Godavari Bhavan, Base Complex, Rajahmundry, East Godavari District, Andhra Pradesh, rep. by its Chief Manager. 4 The Oil and Natural Gas Corporation Ltd., Krishna Godavari Project, Godavari Bhavan, Base Complex, Rajahmundry, East Godavari District, Andhra Pradesh, rep. by its EA to ED Asset Manager. 5 M/s. Gurubani Security Pvt. Ltd., 110, A.P. Text Book Colony, Secunderabad- 500009, Rep. by its Managing Director. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 4 in continuing the petitioners as Contract Labour in the posts of Security Guards under the 5th respondent and the further action of the respondents 1 to 4 in not notifying the vacancies for the posts of Security Guards on regular basis and consider the petitioners for appointment to the said posts, as arbitrary, illegal, discriminatory, unjust, violative of the Fundamental Rights guaranteed to the petitioners under the Constitution of India and as well as contrary to the provisions of the Contract Labour (Regulation & Abolition) Act, 1970 and consequently direct the respondents 1 to 4 to notify the vacancies for the posts of Security Guards on regular basis and consider the petitioners for appointment to the said posts and further direct the respondents to continue the petitioners in their respective posts held by them till such time the said posts are ﬁlled up on regular basis and pass such other orders. Counsel for the Petitioners:MR.S.SRINIVAS REDDY Counsel for the Respondents : Sri Kakara Venkata Rao And W.P. No. 17403 of 2008 Between: 1 Matta Ramesh Babu, S/o. Srinivas Rao, R/o. R.R. Nagar, Amalapuram (M), East Godavari District. 2 Vasupalli Surya Rao, S/o. Venkanna, R/o. Bhimvaram, West Godavari District. 3 Dondapati V.V.S.N. Murthy, S/o. Chandra Rao, R/o. Irrumanda P & V, Amajipeta Mandal, East Godavari District. 4 Undurthi Raghavendra Rao, S/o. Chinanagulu, R/o. K. Pedapudi P & V, Ambajipeta Mandal, East Godavari District. 5 S. Suryanarayana Narayana Murthy, R/o. Pedakandala Palem, Nagulanka Post, East Godavari District. 6 Mulaparthi Sreerama Murthy, s/o. Tatabai, R/o. Adurru P & V, Mamidikuduru Mandal, East Godavari District. 7 Jogi Bala Krishna, S/o. Venkata Rama Krishna, R/o. Jogo Vari Street, Narasapur, West Godavari District. 8 Dasari Nageswara Rao, S/o. Krishna Murthy, R/o. Komarada Village, Edarada Post, Mamidikuduru Mandal, West Godavari District. 9 Mamidisetti Srinivasa Rao, S/o. Dharama Rao, R/o. Gudapalli Palli Palem P & V, Malikipuram Mandal, East Godavari District. 10 Kadali Venkata Narasimha Murthy, S/o. Arjuna Rao, R/o. Kottimeraka Village, Pasarlapudi Post, Mamidikuduru Mandal, East Godavari District - 533 247 11 Bokka Trinadha Kumar, S/o. Veeranna, R/o. Kottimeraka Village, Pasarlapudi Post, Mamidikuduru Mandal, East Godavari District - 533 247 12 Vasamestti Viswavenkata Nageswara Rao, S/o. Suryanarayana, R/o. Pasalapudi P & V, Mamidikuduru Mandal, East Godavari District - 533 247 13 Nooka Uma Agesteswara Rao, S/o. Krishna Murthy, R/o. Gudala Post, Allavaram, East Godavari District. 14 Bolisetti Renuka Prasad, S/o. Babji, R/o. Gudala Post, Allavaram, East Godavari District. 15 Paramata Satyanarayana, S/o. Reddy, R/o. Vannichinatalapudi Post, Jai Bheem Nagar, Amalapuram, East Godavari District. 16 Adabala Nageswara Rao, S/o. Surya Rao, R/o. Devaralanka, Bodasakurru Post, Allavaram, Godavari District. 17 Dommeti Nageswara Rao, s/o. Satyanarayana, R/o. Devaralanka, Bodasakurru Post, Allavaram, Godavari District. 18 Chuduri Srinivasa Rao, S/o. Satyanarayana, R/o. Bodasakurru Post, Allavaram, Godavari District. 19 Illa Gowthameswara Rao, S/o. Adinarayana, Allavaram, Godavari District. 20 Bhupathi Ram Babu, S/o. Narasimha Murthy, R/o. Rellaugadda, Allavaram Mandal, East Godavari District. 21 Byresitti Venkata Ramesh, S/o. Balarama Murthy, R/o. Bodasakurru Post, Allavaram Mandal, East Godavari District. 22 Mari Bala Vijaya Kumari, S/o. Krishna Murthy, R/o. Mukkammala, Ambajipeta (M), East Godavari District. 23 Kaddali Tirumurthy, S/o. Pendiyya, R/o. Sivakodu Palem, Razole (M), East Godavari District. 24 Sanaboina Tata Rao, S/o. Pullayya, r/o. Gazulagunta, Pulletikurru, Ambajipeta Mandal, East Godavari District. 25 Kandari Naga Raju, S/o. Krishna Murthy, R/o. Vannichinalpudi, Amalapuram Mandal, East Godavari District. 26 Seelam Krishna Rao, S/o. Peda Arjuna, R/o. Tillakuppa, I. Polavaram, Amalapuram Mandal, East Godavari District. 27 Tirigulla Ananda Rao, S/o. Sahab Rao, R/o. Peruru Ambednagar, Amalapuram Mandal, East Godavari District. 28 Kadali Siva Rama Krishna, S/o. Kondayya, R/o. D.S. Palem, Gannavaram Mandal, East Godavari District. 29 Mattaparthi Venkataramana, S/o. Gopal Krishna, R/o. Pothayalanka, Ambajipeta Mandal, East Godavari District. 30 Annamneedi Naga Prasad, S/o. Satyanarayana, R/o. Mukkamala, Ambajipeta Mandal, East Godavari District. 31 Pechatti Ram Babu, S/o. Krishna Murthy, R/o. Merakapalem P & V, Razole Mandal, East Godavari District. 32 Mattaparthi Chandra Rao, S/o. Satyanarayana, R/o. Devaralanka, Bodasakurru Post, Allavaram, East Godavari District. 33 Goda Satyanarayana, S/o. Reddy Ratnam, R/o. Red Bridge, Housing Board Colony, Amalapuram, East Godavari District. 34 Adapa Samba Siva Rao, S/o. Venkateswara Rao, R/o. Devaralanka, Bodasakurru Post, Allavaram, East Godavari District. 35 Narani Venkata Srinivasa Rao, S/o. Narayana Rao, R/o. Gopayalanka, Allavaram, Amalapuram, East Godavari District. 36 Dommeti Rambabu, S/o. Venkateswar Rao, R/o. Devaralanka, Bodasakurru Post, Allavaram, East Godavari District. 37 Pothula Venkataramana, S/o. Mursalayya, R/o. D. Ravulapalem, Allavaram, East Godavari District. 38 Adapa Ramakrishna, S/o. Subba Rao, R/o. Devaralanka, Bodasakurru Post, Allavaram, East Godavari District. 39 Paramata Veera Venkata Satyaanarayana, S/o. Surya Rao, R/o. Gopavaram, Uppalaguptnam, Amalapuram, East Godavari District. ..... PETITIONERS AND 1 The Oil and Natural Gas Corporation Ltd. having its Office at Jeevan Bharathi Buildings, Cannaught Circus, New Delhi, Rep by its Chairman Cum Managing Director 2 The Oil and Natural Gas Corporation Ltd. having its Office at SRBC, 11th Floor, CMDA Buildings, Gandhi Larwin Road, Egmore, Chennai- 600 008, Rep by its Regional Director 3 The Oil and Natural Gas Corporation Ltd. Krishna Godavarai Project, Godavari Bhavan,Base Complex, Rajahmundry, East Godavari District, A.P. Rep by its Chief Manager. 4 The Oil and Natural Gas Corporation Ltd. Krishna Godavarai Project, Godavari Bhavan, Base Complex, Rajahmundry, East Godavari District, A.P. Rep by its EA to ED Asset Manager. 5 M/s. Gurubani Security Pvt. Ltd. 110, AP Tex Book Colony, Secunderabad - 500 009, Rep by its Managing Director .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 1 to 4 in continuing the petitioners as Contract Labour in the posts of Security Guards under the 5th respondent and the further action of the respondents 1 to 4 in not notifying the vacancies for the pots of security guards on regular basis and consider the petitioners for appointment to the said posts, as arbitrary, illegal, discriminatory, unjust, violative of the Fundamental Rights guaranteed to the petitioners under the constitution of India and as well as contrary to the provisions of the Contract Labour (Regulation & Abolition) Act, 1970 and consequently direct the respondents 1 to 4 to notify the vacancies for the posts of Security Guards on regular basis and consider us for appointment to the said posts are ﬁlled up on regular basis and pass such other orders. Counsel for the Petitioners:MR.S.SRINIVAS REDDY Counsel for the Respondents : Sri Kakara Venkata Rao The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION Nos. 16515 & 17403 of 2008 COMMON ORDER: In these two writ petitions, a Mandamus is sought to declare the action of the respondents in not continuing the petitioners as contract labour in the posts of Security Guard under the 5th respondent and further action of the respondents 2 to 4 in not notifying the vacancies in the posts of Security Guards on regular basis and in not considering the cases of the petitioners for appointment to the said posts as illegal, arbitrary and discriminatory and violative of the Constitutional provisions; and contrary to the provisions of Contract Labour (Regulation and Abolishment) Act, 1970 and consequently direct the respondents 1 to 4 to notify the vacancies for the post of Security Guards on regular basis and consider the case of the petitioners for appointment to the said posts. There is no necessity to go into the factual details since on an earlier occasion, the petitioners have ﬁled Writ Petition No. 1088 of 2005 and batch for absorption etc., and those writ petitions were disposed of by this Court by a common order dated 7.11.2001 as under: “Having regard to the decision of the Apex Court in STEEL AUTHORITY OF INDIA LTD. V. NATIONAL UNION WATERFRONT WORKERS’, these writ petitions are to be dismissed in terms of the said decision. The writ petitions are dismissed accordingly. However, there cannot be any doubt whatsoever that, having regard to the aforementioned decision, the petitioners would be entitled to raise an industrial dispute if an occasion therefor arises.” Now, these two writ petitions are ﬁled claiming the aforesaid reliefs. In fact, there is no change in the factual situation, except to note that the petitioners were engaged by diﬀerent contractors earlier and they are all now being engaged by the 5th respondent. In view of the fact that the work attended by them is perennial in nature, contract system needs to be abolished and the petitioners have to work out their remedies before the Committee constituted under the Contract Labour (Regulation and Abolition) Act, 1970 and they cannot file writ petitions of this nature claiming the aforementioned reliefs. In the circumstances, the writ petitions are disposed of directing the petitioners to work out the remedies as are available to them under law. Further the 5th respondent is directed to continue the petitioners during the subsistence of labour contract with the respondents 1 to 4. With the above direction, the writ petitions are disposed of. No costs. _______________ C.V. RAMULU,J DATE: 15th SEPTEMBER, 2008 pnb