IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY THIS THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.31025 of 2014 Between:
D.Anandam and 3 others . PETITIONERS And The APSRTC, rep.by its Managing Director, Bus Bhavan, Musheerabad, Hyderabad and another . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.31025 of 2014
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, declaring the action of the respondents in instructing the Unit Officers for recovering Union Subscription for 6 months at a time as illegal, arbitrary and contrary to law and consequently, direct the respondents to further instruct the Unit Officers to recover Union Subscription month-wise only.
Heard the learned counsel appearing for the petitioners and the learned standing counsel appearing for the respondents.
It is submitted by the petitioners that they are the employees of the respondent corporation and on the representation made by the two recognized Unions viz., APSRTC Employees Union and Telangana Majdoor Union, the respondents issued instructions to the Unit Officers to recover the union subscription of six months at a time in advance, which is causing undue hardship and lot of inconvenience to the petitioners. It is also submitted that the leaders of the recognized unions are misusing the funds. Several other difficulties which are being faced by the employees on account of recovering the six months union subscription at once have been mentioned in the writ petition.
The learned counsel appearing for the petitioners prays for necessary directions to the respondent corporation.
On the other hand, the learned standing counsel appearing for the respondent corporation would submit that the corporation is not at all concerned or interested in the deductions of subscription from the salaries of the employees, it is basing on the letters submitted by the recognized unions and on the employees furnishing their letters of willingness to the corporation, the corporation has been deducting the amounts. The learned counsel would also further submit that it is not at all the job of the corporation to deduct the amounts of subscription from the salaries of the employees. The learned counsel even submits that the corporation can be relieved from the job of recovering the union subscription from the employees.
Having regard to the submissions made by the learned counsel on either side, the respondent corporation is directed not to collect any amount from the employees towards union subscription and it is open for the Unions concerned to collect the union subscriptions from its members directly.
The Writ Petition is accordingly disposed of at the stage of admission. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 16.10.2014 Dsr