THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28755 OF 2014 Between:-
Mullapudi Narendra Babu and another.
…Petitioners And Bharath Heavy Electrical Limited, (HPVP Unit), A Govt.of India undertaking, Represented by its Executive Director, Visakhapatnam and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28755 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and Sri P.Rajasekhar, learned standing counsel for BHEL., appearing for the first respondent.
This writ petition is filed seeking a writ of mandamus, declaring the action of the 2nd respondent in not adjudicating the Industrial Dispute for regularization of 21 workmen referred to him by Union Government vide reference Nos.95/29/2014-RLC and 95/30/2014-RLC, dated 14-3-2014 on the ground of pendency of W.P.Nos.9271 of 2014 and 9272 of 2014 as illegal, unjust and improper.
The petitioners and 21 others have filed writ petitions questioning the action of the first respondent in proposing to convert their services into contract labour as per the circular dated 3-1-2014. According to the petitioners, they were appointed in the company BHPV Limited, which was merged with first respondent industry with effect from 30- 08-2013. In W.P.No.11616 of 2014, this Court passed an order dated 26-3-2014 directing to continue the petitioners in service on the same terms and conditions if they are in service on the said date. It is submitted by the petitioners that they are technically qualified and rendered more than 20 years of service and have been continuously discharging their duties on par with similarly situated employees.
On 14-3-2014, the petitioners’ Union made a representation to the Conciliation Officer to regularize their services and the Government of India referred the matter to the second respondent for adjudication, which is now pending with him. The present writ petition is filed, seeking a direction to the second respondent to adjudicate the Industrial Dispute referred to him and pass appropriate orders.
The writ petition is therefore disposed of at the stage of admission, directing the second respondent to adjudicate the Industrial Dispute relating to regularization of 21 workmen referred to him by the Government of India vide reference Nos.95/29/2014-RLC and 95/30/2014- RLC, dated 14-3-2014 notwithstanding the pendency of W.P.Nos.9271 of 2014 and 9272 of 2014 and pass appropriate orders. There shall be no order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 24-09-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.28755 OF 2014 Date: 24-09-2014 Shr.