Andhra Pradesh High Court
WRIT PETITION 580 of 2018 on 1 December 2011
IN THE HIGH COURT OF ANDHRA PRADESHAMAR'LK(Special Original Jurisdiction)81© IJMONDAY ,THE TWENTY FIRST DAY OF APRIlli'■/'k.TWO THOUSAND AND TWENTY FIVE^c>
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI
PRATAPA
WRIT PETITION NO: 580 OF 2018
Between:Sreeramulu Reddy aged 49 years,-797/1,- 517127.rdsp"^°.dri8c S' 1/- - vea.,Thavanampall? MandLl 'cSr 'VIL. & PO,C.Hariprasad,K/o. Vadamala Villalge,>,jaged 48 years, Occ:Fieldman, P03081Vadamalapeta PO & MDL.,Chittoor.''"4V.Vijaya Kumar Reddy S/o Rri \/iOcc: Cane Office Clerk PO3S2CCS Quarters, Chittoor'District.'years,R/o. H.No.21-694,6.aged 49 y^^ars ^Sc-^'cane q"'*'^^^^^'^'^andra Reddy,Erracheruvu PalleVillage,8.Munthaj, D/o Sri ShahulHammed, Occ: Sweeper P04n4nR/o. H.No.22-387,ChittoorKannikoil Colony, Tirupati Road,D.D.Venkata PrasadS/o Sri D.Rama RaoOcc: Cashier I/c,aged 54 years,P05108, R/o. H.N0.21-684, CCS Quarters, Chittoor.10. Oc”%T?n""'B'VenkatesuluUCC. Asst. Engineer I/c, P05122, R/o.Haidu, aged 53 yearsH.NO.28-861, K.N.'11.Colony, Chittoor.12.A.years,sHS.r»»~s.s:Rangachari Road,13.K.Noor Mohmad, S/O "^ri rOcc ASST.ENGINEER T/raged 47 years,Palamaner RoadH• No.15-2464, Glory Gardeh %
Occ:Smt. P02069, A.Kalai Seivi, R/o. W/o. H. NO. Late 3-84, Sri Milk V.Anand, Dalr^ aged Sf 55 yearsMurukambattu Vil & PO., Chittoor 517127.
^58Smt. B.Santhi, W/o^• Late Sri D. Kannan, aged 42 years, Occ: P05148, R/o. CCS Quarters, Chittoor-517127
(Petitioners 57 & 58 are the legal heirs of the deceased permanent employees)
..Petitioners
AND
1.State of Andhra Pradesh rep., by its Secretary,Industries and Commerce, Sugar Dept, Velagapudi, Guntur Dist.Industries and Commerce, Sugar Dept, Velagapudi, Guntur Dist.
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2.Director of Sugar and Cane Commissioner, Government of AP,Garda Enclaye, H.NO: 12/545/A, Beside Kanaka Durgamma VaradhiOpp Muncipal Hospital, Tadepalli, Guntur Dist.Garda Enclaye, H.NO: 12/545/A, Beside Kanaka Durgamma VaradhiOpp Muncipal Hospital, Tadepalli, Guntur Dist.
3.
The Chairman,
The Chittoor Cooperatiye Sugars Limited, Chittoor DistAndhra Pradesh-517001..
4.
The Chittoor Cooperatiye Sugars Limited, rep., by its Managing Drector, Chittoor Dist, Andhra Pradesh-517001.
5.
Asst Commissioner, Provident Fund, Kadapa.
..Respondents
Petition under Article 226 of the Constitution Of India praying that inthe circumstances stated in the affidavit tiled therewith, the High Courtmaybe pleasedto issue any writ, order or directionparticularly onein thenature of WRIT OF MANDAMUS declaring theinaction on the part of therespondentsinnotpayingthe salaries from01-01-2014onwards,PFremittance from 01-12-2011 onwards andgratuity to the Petitioners from1to 42 and arrears of Salaries, PF and gratuity and other benefitsto thePetitioners from 43 to 58as arbitrary, illegal and violative of Art. 14and 21of the Constitution of India anddirect immediatepayment of the sametogether with interest at 12 % pa.
lAj5iOM_OF2pi7
Petition under Section 151 CPCpraying that in the circumstances that in the circumstances in the circumstances the circumstances circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the respondents to clear all pendingsalariesform01-01-2014, PF remittance from 01-12-2011 onwards and gratuity to thepetitioners form1 to 42 and arrears of Salaries PF and gratuity and otherbenefits to the Petitioners form 43 to 58 Pending disposal of the above writpetition.
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praying that in the circumstances that in the circumstances in the circumstances the circumstances circumstances Counsel for the Petitioners: DR. P.B.VIJAYA KUMAR/Counsel for the Respondent No.1: GP FOR INDUSTRIES[COMMERCE](AP)
Counsel for the Respondents: SRI T. BALAJIThe Court made the following:
I
APHC011046512017
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3396]
MONDAY, THE TWENTY FIRST DAY OF APRILTWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPAWRIT PETITION NO: 580/2018
Between:
E.n. Venkataprasad and Others
...PETITIONER{S)
AND
State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner(S):
1.AVS LAXMI
Counsel for the Respondent(S);
1.TBALAJI
2.GP FOR INDUSTRIES
COMMERCE (AP)
The Court made the following:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPAWRIT PETITION NO: 580/2018
ORDER:
This Writ Petitionis filed under Article 226 of Constitution of India with the following prayer for:
. .pleased to issue any writ order or direction particularly[one][ in][ the][ nature]of WRIT OF MANDAMUSdeclaringtheinactiononthepartoftherespondentsinnot payingthesalariesfrom01.01.2014onwards PFremittance from 01.12.2011 onwards and gratuity to[the][ Petitioners][ from]1to 42 and arrears of Salaries PF and gratuity and other[benefits][ to][ the]Petitioners from 43 to 58 as arbitrary, illegal and[violative][ of][ Art.][ 14][ and][ 21]of the Constitution of India and direct immediate payment[of][ the][ same]together with interest at 12 percent p.a., and pass...”
2. Heard Sri Dr.P.B.Vijaya Kumar, learned counsel for the petitioners andSri T.Balaji, learned Standing Counsel for the respondents.Sri T.Balaji, learned Standing Counsel for the respondents.
3. Learned Counsel for the petitioners would submit that this petitionisfiled seeking the salaries, retirement benefits due from the respondent No.3along with interest @ 12%.filed seeking the salaries, retirement benefits due from the respondent No.3along with interest @ 12%.
4. Learned Standing Counsel for the respondent No.3 would[submit][ that]the Government has released the amount vide orders dated 16.03.2022 andnow the salaries and retirement benefits which are due to the petitioners arepaid except the interest. Learned Standing Counsel for the respondent No.3would submit that it is a fact that there is a delay in payment of salaries andretirement benefits to the petitioners due to the unfortunatesituation. Thefactoryis closed due to the loss,itis not functioningsince 2014.Learnedthe Government has released the amount vide orders dated 16.03.2022 andnow the salaries and retirement benefits which are due to the petitioners arepaid except the interest. Learned Standing Counsel for the respondent No.3would submit that it is a fact that there is a delay in payment of salaries andretirement benefits to the petitioners due to the unfortunatesituation. Thefactoryis closed due to the loss,itis not functioningsince 2014.Learned Standing Counsel would submit that though the petitioners are not workingsince 2014 because of the closureof the factory, theywere given salaries till30.04.2022. Learned Standing Counselwould further submit thatbecaus^ ofthe financial constraints,the factory was running in losses andsubsequehtlyclosed in the year 2014iItself. Learned Standing Counselwould further submitthat the petition may be disposed of.
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5. Learned Standing Counsel for the respondent Nos. 3 and 4 placedonrecord the bank statements to show thatthe employees received theamountfrom the authorities. Learned Standing Counsel wouldreiterate his stand thatthough the Sugar factory is closed in the year, 2014, the employees were oairisalaries upto 2022. ThereIS no due amount except the claim of interest,Learned Standing Counselwould further submit thatbecause the SugarFactory was running in losses, the Courtmay consider and close the WritPetition.
6-Learned Counsel for the petitionersiin reply would submit that the Court reply would submit that the Court would submit that the Court submit that the Court that the Court the Court Courtmay pass appropriate ordersregarding the intereston the delayed payment ofsalaries and the amount dueunder Voluntary Retirement Scheme.
in reply would submit that the Court reply would submit that the Court would submit that the Court submit that the Court that the Court the Court Court
7. Considering the submissionsmade and the material placedon recordshows, there is no due amountason this day toall the 450employeesincluding permanentseasonal and unseasonal and theiramounts are paideven though they have notworked since 2014 to 2022.Itis apposite todispose of the Writ Petition sisince no cause survivesiin this matter. Coming to matter of right, unless itof interest, the employee cannot claim it asthe pointis shown that delay is deliberate for ulterior reasonsorstatute says so. In thelight of the peculiar circumstances of the presentcase, asthe factory itselfthey have paid saiaries tiii 2022 and nowas closed in the year 2014, butamount is due as onthis day, awarding interest is not warranted. ThisCourtfeels it appropriate to dispose of the petition.
8. With these observations, the Writ Petition is disposedof. No order as to costs.
shall stand closed.Pending applications, if any //TRUE COPY//
Sd/- K.J. RAJA BABUASSISTANT REGISTRARSECTION OFFICERSECTION OFFICER
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To,Of Andhra Pradesh, Industries and Commerce,Of Andhra Pradesh, Industries and Commerce,1. The Secretary, StateSugar Dept, Velagapudi, Guntur dist.Government of AP, GardaSugar Dept, Velagapudi, Guntur dist.Government of AP, Garda2. Director of Sugar and Cane CommissionerEnclave H.NO 12/545/A, Beside Kanaka Durgamma Varadhi,[Opp]Muncipal Hospital, Tadepalli, Guntur Dist.Enclave H.NO 12/545/A, Beside Kanaka Durgamma Varadhi,[Opp]Muncipal Hospital, Tadepalli, Guntur Dist.
3. The Chairman, The Chittoor Cooperative Sugars Limited,Chittoor Dist,Andhra Pradesh-517001.Andhra Pradesh-517001.
4. The Managing Director, Chittoor Cooperative SugarsLimited, ChittoorDist, Andhra Pradesh-517001.Dist, Andhra Pradesh-517001.
5 The Assistant Commissioner, Provident Fund, Kadapa.6. One CC to DR. P.B.VIJAYA KUMAR, Advocate [OPUC]6. One CC to DR. P.B.VIJAYA KUMAR, Advocate [OPUC]
7. One CC to SRI. T. BALAJl, Advocate [OPUC]ofofINDUSTRIES COMMERCE (AP) ,High Court8. Two CCS to GP FORAndhra Pradesh. [OUT]Andhra Pradesh. [OUT]
9. Three CD Copies
high court
DATED:21/04/2025
ORDER
WP.No.580 of 2018
disposing of thfW.P.WITHOUT COSTS
ofO26 SEP 2025coAfCurr@nt Section
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