ANDHRA PRADESH POWER DIPLOMA ENGINEERS ASSOCIATION Vs. SUPERINTENDING ENGINEER OPERATION APSEB KURNOOL CIRCLE

JUDGEMENT

(1.) :This writ appeal is directed against the order of the learned single Judge dated 18.1.2000 in W.P. No.766 of 1999.

(2.) The appellant is the Andhra Pradesh Power Diploma Engineers Association represented by its Secretary. In the above writ petition, a writ of mandamus was sought to the Andhra Pradesh State Electricity Board, 6th respondent, to regularise the services of the members of the petitioner-Union engaged as contract labour (Technical Assistants) in Transmission and Distribution wing. The allegation in the writ petition is that the contract labour was engaged in violation of provisions of Sections 7 and 12 of the Contract Labour (Regulation and Abolition) Act (for short 'the Act'). The writ petition was opposed by the Board by filing counter-affidavit.

(3.) Learned single Judge held that since from the pleadings of the parties the disputed questions of fact arise for resolution, such disputed questions of fact could be resolved by raising an industrial dispute relating to absorption and regularisation of the services of members of the petitioner- Union, before the jurisdictional Industrial Court. Therefore, the learned single Judge without granting any relief to the petitioner- Union disposed of the writ petition, however, reserving liberty to the petitioner-Union either to raise industrial dispute before the jurisdictional Industrial Court or to make a representation to the concerned authorities under the Act.