Telangana High Court

WP/22745/2004 of Kadiyala Sathishchandra, Vs The Superintending Engineer, on 28 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 22745 of 2004 Between: Kadiyala Sathishchandra, S/o. Seshagiri Rao, Door No.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE K.C. BHANU

WRIT PETITION NO : 22745 of 2004

Between:

Kadiyala Sathishchandra, S/o. Seshagiri Rao, Door No. 4/994-8-1, Rajupet, APSEB, Colony, Near National College, Machilipatnam, Krishna District.

..... PETITIONER

AND

The Superintending Engineer, Operation Circle, Southern Power DistributionCompany- Operation Circle, A.P. Transco, Vijayawada, Krishna District.

.....RESPONDENT

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toIssue a writ, Order or direction more particularly in the nature of Writ of Mandamusdeclaring the action of the respondent in not considering the case of the petitioner forappointment to the post of Sub Engineer or in any other post under the provisions ofSection 25-H of Industrial Disputes Act as wholly illegal, arbitrary and violatiove ofArticles 14, 16 and 21 of Constitution of India and consequently direct theRespondent to consider his case for appointment to the post of Sub Engineer or inany other post.

Counsel for the Petitioner:MR.RAVI KONDAVEETI

Counsel for the Respondent : MR.S.RAVINDRANATH, STANDING COUNSEL

The Court at the stage of admission, made the following :

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ORDER:

This writ petition is filed by the petitioner to issue a writ of mandamusdeclaring the action of the respondent in not considering the case ofthe petitioner for appointment to the post of Sub-Engineer as perSection 25-H of the Industrial Disputes Act as illegal, arbitrary andconsequently to direct the respondent to consider his case.

The learned counsel appearing for the petitioner contended thatthough the petitioner worked as contract labour under the control ofthe respondent-Corporation for more than 240 days, his case has notbeen considered for the post of Sub-Engineer as per Section 25-H ofthe Industrial Disputes Act.

On the other hand, the learned Standing Counsel appearing for therespondent-Corporation contended that Section 25-H of the IndustrialDisputes Act has no application so as to consider the case of thepetitioner.

Whether the petitioner worked in the respondent-Corporation for morethan 240 days, whether he is eligible to be appointed to the post ofSub Engineer as per Section 25-H of the Industrial Disputes Actwithin the vacancies, are required to be considered by therespondent-Corporation, in accordance with its Board Proceedingsand Rules and Regulations.

Therefore, a direction is given to the respondent-Corporation toconsider the case of the petitioner in accordance with the BoardProceedings and Rules and Regulations, within a period of onemonth from the date of receipt of a copy of this order.

The writ petition is accordingly disposed of. No order as to costs.

_____________

28.12.2004

NOTE:Office to furnish C.C within three days.

(b.o)

bsv

To

1. The Superintending Engineer, Operation Circle, Southern PowerDistributionCompany- Operation Circle, A.P. Transco, Vijayawada, Krishna District.

2. 2 CD copies

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