Andhra Pradesh High Court

WP/23261/2026 of SRI VIVEKANANDA LABOUR CONTRACT SOCIETY Vs UNION OF INDIA on 2 September 2026

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IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 3 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23261/2026 Between: 1. SRI VIVEKANANDA LABOUR CONTRACT SOCIETY, REP. BY ITS PRINCIPAL EMPLOYER/CHAIRMAN, SMT. G. REEMALATHA D/O GURUMURTHY, AGED 30 YEARS D.NO.16/665,

APHC010422952026

IN THE

THURSDAY,

THE HONOURAB

WRIT

Between:

1. SRI VIVEKANANDA

PRINCIPAL EMPLOY

GURUMURTHY, AGE

- 516001

1. UNION OF INDIA, RE

AND EMPLOYMENT,

DELHI -1

2. RECOVERY OFFICE

STATE INSURANCE

EMPLOYMENT, GO

NAGAR K.T.ROAD, T

Petition under Article

circumstances stated in th

pleased toissue a writ in t

appropriate writ, direction,

respondent herein in not

requesting to provide an op

the default amount by virt

dt. 10-09-2025 for Rs.6,30,

letter

vide

ref.No.7979

W.P.N

HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THE 3rd DAY OF SEPTEMBER 2026

PRESENT

BLE SRI JUSTICE RAVI CHEEMALAPA

T PETITION NO: 23261/2026

LABOUR CONTRACT SOCIETY, REP

YER/CHAIRMAN, SMT. G. REEMALA

ED 30 YEARS D.NO.16/665, MASAPET

...PE

AND

EP BY ITS SECRETARY, MINISTRY OF

SHRAMA SHAKTI BHAVAN, RAFI MA

ER, SUB-REGIONAL OFFICE, EM

CORPORATION, MINISTRY OF LAB

OVT, OF INDIA, D.NO.6-1-77/A,VAR

TIRUPATI

...RESPON

226 of the Constitution of India praying e affidavit filed therewith, the High Co the nature of a writ of mandamus or order or orders declaring the action o consider the representation dt. 24- pportunity for personal hearing before fin ue of letter NO.79790485420030999/9

,448/- contribution from 2017 to 2020 a

0485420030999/CP/748829

dt.15-06-

RC,J

No.23261 of 2026

H

ATI

P. BY ITS

ATHA D/O

T, KADAPA

TITIONER

F LABOUR

ARG, NEW

MPLOYEE

OUR AND

RADARAJA

NDENT(S):

g that in the

urt may be

r any other

of the 2ND

07-2026

nalization of

920252200

and another for

RC,J

Rs.12,11,539/- towards contribution from 2017 to 2026 as wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected the petitioner's rights guaranteed under article 14 and 9(1

)(g) of the Constitution of India and consequently direct the 2nd respondent to consider the representation dt.24-07-2026 and to reconsider the default amount under the contribution from 2017 to 2026 by giving an opportunity to personal hearing before finalization of the default amount and pass IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2nd respondent herein to consider the representation dt.24-07-2026 to provide an opportunity for personal hearing before finalization of the default amount by virtue of letter NO.79790485420030999/9920252200 dt. 10-09-2025 for Rs.6,30,448/- contribution from to and

another

letter

vide

ref.No.79790485420030999/ CP/ 748829 dt. 15-06-2026 for Rs. 12,11,539/- towards contribution from 2017 to 2026 pending disposal of the writ petition and pass Counsel for the Petitioner:

1.V ESWARAIAH CHOWDARY

Counsel for the Respondent(S):

1.U.R.P. SRINIVAS

RC,J

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ORDER

This writ petition is filed questioning the action of respondent no.2 in not considering the representation dated 24.07.2026 submitted by the petitioner to provide an opportunity of personal hearing before finalization of the default amount by virtue of letter No.79790485420030999/9920252200, dated 10.09.2025 for Rs.6,30,448/- contribution from 2017 to 2020 for Rs.12,11,539/- and another letter vide Ref.No.79790485420030999/ CP/748829 dated 15.06.2026 for Rs.12,11,539/- towards contribution from 2017 to 2026 as wholly arbitrary, illegal and without jurisdiction.

2. Heard Sri V.Eswaraiah Chowdary, learned counsel for the petitioner, and Sri URP Srinivas, learned counsel for respondent nos.1 and 2.

3. Sri V.Eswaraiah Chowdary, learned counsel for petitioner, while reiterating the contents of the writ affidavit would submit that despite lapse of considerable time, the respondent authorities did not consider the representation submitted by the petitioner.

4. On the other hand U.R.P.Srinivas, learned counsel for respondent nos. 1 and 2, submitted that the petitioner has submitted representation to the 2nd respondent- Recovery officer, who has no power or authority to consider the request made by the petitioner.

5. It is fairly settled that a court cannot direct an authority to consider a representation if that authority completely lacks the legal power or jurisdiction to grant or reject the request and before a court directs an authority to RC,J

dispose of a representation, it must first satisfy itself that the official has the legal competence to decide the matter.

6. Since respondent no.2 has no legal competence to decide the matter contained in the representation according to the respondents, a direction as sought by the petitioner cannot be granted.

7. In view of the above, this writ petition is disposed of, granting liberty to the petitioner to make representation to appropriate authority, if he is advised. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE RAVI CHEEMALAPATI 3rd September,2026.

RR

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