LAWS(APH)-2024-1-67

SYED NOOR BASHA Vs. A.P.TRANSCO

Decided On January 30, 2024
Syed Noor Basha Appellant
V/S
A.P.TRANSCO Respondents

JUDGEMENT

(1.) The petitioners in the batch of writ petitions are aggrieved by the in-action of the respondents in not regularizing their services and have sought for regularization of their services. As the grievance of the petitioners is common and seek directions to the respondents for regularization of their services. A common order is passed.

(2.) For the sake of brevity, the case of the petitioners is discussed separately. The 1st petitioner in WP.No.15272 of 2010 is working as Watchman - Cum - Security Guard in T.L.C. Stores, AP Transco, Kadapa since 22/2/1993. The 2nd petitioner is working as Watchman - Cum - Security Guard since 1/5/1992. The 3rd petitioner is working as Watchman - Cum - Security Guard since 1/7/1996. All the petitioners were subsequently treated as working under a Contractor from the year 2003-2004. The petitioners claim that their services were routed through a contractor continuously without any interruption. Though, the contractors kept changing year on year, the nature of work of the petitioners did not change, but continued with meager amount of wages. There is a disparity in wages in so far as basic wage drawn by a watchman whose services are regularized and the consolidated wage paid to the petitioners.

(3.) The petitioners claim that, even in the absence of contractors the services of the petitioners were continued. After issuing GOMs.No.492, dtd. 8/7/1980 a memo dtd. 12/12/1980 was issued by the Secretary, APSEB requesting all the Superintendent Engineers to furnish the information regarding the establishment employing less than 20 workman under the Board engaged in such abolished category of employment. The Chief Engineers and Superintendent Engineers were directed not to engage contract labour in the 33 abolished categories. The petitioners submit that six of the workman who were similarly placed as that of the petitioners had invoked the jurisdiction of this Court seeking their regularization. This Court in WA.No.1478 of 1999 had directed the respondents therein to consider the cases of the appellants in writ appeal for absorption and regularization as watch and ward of Security Guards. The SLP.No.2392 of 2000 filed by the respondents was dismissed. Ultimately, the services of the appellants in the writ appeal were regularized vide proceedings dtd. 8/2/2010. The representation of the petitioners submitted in the month of May, 2010 seeking regularization of their services has not yielded any result. As such the writ petition is filed.