IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO. 21326 of 2004 Between: 1. P. Ankanna S/o P. Ankanna R/o Proddutur (Village & Mandal), Kadapa District 2 A. Prasad S/o China Guravaiah Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District. 3 M. Venkata Ranga Swamy S/o Ma. Rangaiah Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District 4 K. Adinarayana Reddy S/o Pedda Shiva Reddy Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District. 5 B. Nageswara Reddy S/o Nagi Reddy Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District 6 V. Ravindra Reddy S/o Pancharatnam Reddy Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District. 7 B. Chinna Reddy S/o Pedda Nagi Reddy Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District. 8 M. Samueal S/o Benjimen Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, kadapa District. 9 E. Subbanna S/o E. Laxmaiah Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District 10 K. Krishna Obula Reddy S/o Obula Reddy Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District. 11 T. Peddyya S/o Pedda Gurappa Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District 12 B. Hanumanna S/o Anjaneyulu Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, kadapa District 13 B. Nageswaramma D/o Narayana Reddy Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District 14 S. Kumari W/o Manohar Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District 15 Nallaballi Vijayamma W/o Balangaiah Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District. 16 Mekala Jayamma W/o Vanmurappa Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District. 17 V. Guru Shekhar S/o Pedda Gurappa Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District 18 Y. Nagi Reddy S/o Y. Venkata Reddy Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District 19 R. Trirupal Reddy S/o R.C. Gangi Reddy Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District 20 S. Malli Karjuna Reddy S/o Narayana Reddy Contract Labour Worked in RTPP. Stage-I, 2nd Unit C/o M. Pulla Reddy Regional President, A.P., Power Generating Employees Union (E-1535), F-461, RTPP, Kadapa District) ..... PETITIONER(S) AND 1 The Managing Director A.P., Generation Corporation Ltd., Vidyuth Soudha, Somajiguda, Hyderabad 2 The Chief Engineer (O&M) R.T.P.P., VV Reddy Nagar, Kadapa District 3 The General Manager, National Building Construction Corporation (NBCC) Ltd., RTPP-II Stage Unit Site, V.V.Reddy Nagar, Kadapa District 4 The Asst. General Manager Bharath Heavy Electrical Ltd., Rayalaseema Thermal Power Project-II State Construction Unit Site, V.V. Reddy Nagar, Yerraguntla (Mandal), Kadapa District 5 The Project Manager, Larsen & Toubro Limited, ECC Construction Group, RTPP Site, Kadapa District. 6 The Project Manager, Indavell Construction Pvt. Ltd., RTPP- II Stage Unit Site, Yerrguntla, Cuddapah District .....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 any appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not engaging the petitioners as contract labour, by giving preferential treatment, in construction pertaining to Rayalaseema Thermal Power Project-II stage as arbitrary, illegal and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to engage the petitioners, forthwith, as contract labour in RTPP-II stage construction works on preferential basis by considering their representation dt 24- 07-200r joint representation dt 25-08-2004 and representation dated 12-08-2003 of the Regional President, A.P. Power Generation Employees union (E-1535) and pass such other orders Counsel for the Petitioners:MR.A. RAVI KUMAR Counsel for the Respondent Nos.1 to 6; SMT.K.SESHARAJYAM (SC FOR AP GENCO) The Court at the admission stage made the following Order: . THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.21326 OF 2004 ORDER: The petitioners contend that they have been working as contract labourers under the respondent Corporation since 1992. They contend that they are entitled to be engaged on preferential basis, for construction of Rayalaseema Thermal Power Project-II stage, under the control of the second respondent. The petitioners further contend that they made joint representation to respondent Nos.1 and 2 on 25.07.2004 and through the Union on 12.08.2004, requesting to engage them as contract labourers on preferential basis in R.T.P.P.II construction works. The grievance of the petitioners is that the respondent Nos.1 and 2, so far did not pass any orders on the representations regarding their request to engage them as contract labourers on preferential basis. In the light of the submissions made by the petitioners, respondent Nos.1 and 2 are directed to pass appropriate orders on the joint representation of the petitioners and the Union of contract labourers, regarding the request of the petitioners for their engagement as contract labourers on preferential basis, within two months from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of. No order as to costs. 22..11..2004 usd To 1 The Managing Director A.P., Generation Corporation Ltd., Vidyuth Soudha, Somajiguda, Hyderabad 2 The Chief Engineer (O&M) R.T.P.P., VV Reddy Nagar, Kadapa District 3 The General Manager, National Building Construction Corporation (NBCC) Ltd., RTPP-II Stage Unit Site, V.V.Reddy Nagar, Kadapa District 4 The Asst. General Manager Bharath Heavy Electrical Ltd., Rayalaseema Thermal Power Project-II State Construction Unit Site, V.V. Reddy Nagar, Yerraguntla (Mandal), Kadapa District 5 The Project Manager, Larsen & Toubro Limited, ECC Construction Group, RTPP Site, Kadapa District. 6 The Project Manager, Indavell Construction Pvt. Ltd., RTPP- II Stage Unit Site, Yerrguntla, Cuddapah District. 7. Two CD copies.