K VENKATA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in the instant writ petition is aggrieved by the action of the first respondent in issuing G.O.Ms.54, Labour Employment Training and Factories Lab.II) Department, dated 14-10-1997 appointing the second respondent herein as Chairman of the State Advisory Contract Labour Board even before the expiry of the term of the petitioner as Chairman of the Board. The petitioner, therefore, prays for issuance of an appropriate writ, more particularly one in the nature of Writ of Mandamus declaring the said Governmental Order as arbitrary, illegal and. unconstitutional. The petitioner also prays for issuance of an appropriate consequential direction, directing the first respondent herein to continue the petitioner as the Chairman of the Board till 9-5-1998 that is to say the expiration of the term of the petitioner as Chairman of the Board.Factual Matrix

(2.) The first respondent herein in exercise of its power under Section 4 of the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'the Act') read with Rule 3 of the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971 (for short 'the Rules') constituted the State Advisory Contract Labour Board for the State of Andhra Pradesh under GO.Rt.No.1065, Labour Employment and Training (Lab.II) Department, dated 9-5-1995. The Board consists of one Chairman; three official members; three representatives of employers and four representatives of employees. The petitioner herein has been appointed as the Chairman urder GO.RtNo.1065, dated 9-5-1995 and the Committee's term is specified and is for a period of three years from the date of taking charge. In the instant writ petition, we are concerned with the term of the petitioner herein as Chairman of the Board. The petitioner herein had assumed charge of the post of Chairman on 10-5-1995. Admittedly, there are no complaints whatsoever against the petitioner herein during the discharge of his duties as the Chairman of the Board. Under GO.Rt.No. 1065 issued by the first respondent constituting the Board, the petitioner is entitled to continue in the office as Chairman of the Board upto 9-5-1998, in terms of the appointment

(3.) While so, the first respondent issued G.O.Ms.No.54, dated 14-10-1997 appointing the second respondent herein as Chairman of the Board and the Board itself is re-constituted. Thus, the petitioner herein has been removed as Chairman of the Board and in his place the second respondent herein is appointed as the Chairman.