HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO. 24629 OF 2012, WRIT PETITION NO. 13371 OF 2012, AND WRIT PETITION NO. 27693 OF 2012 WRIT PETITION NO. 16247 OF 2012 Between:
M/s. Sri Kanakadurga Dalitha Civil Works Labour Contract PSSS Ltd. Rep. by its President P.Kumara Swamy …Petitioner And The Vice-Chairman &M.D. APSRTC, Hyderabad and three others …Respondents WRIT PETITION NO. 13371 OF 2012 Between:
M/s. Sri Kanakadurga Dalitha Civil Works Labour Contract PSSS Ltd. Rep. by its President P.Kumara Swamy and four others …Petitioners And The Vice-Chairman &M.D. APSRTC, Hyderabad and another …Respondents WRIT PETITION NO. 27693 OF 2012 Between:
M/s. Vardhan Placements and Security Services Rep. by its Chief Executive Md.Aqeel Ahmed and four others …Petitioners And The Vice-Chairman &M.D. APSRTC, Hyderabad and nine others …Respondents HON’BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO. 24629 OF 2012, WRIT PETITION NO. 13371 OF 2012, AND WRIT PETITION NO. 27693 OF 2012 COMMON ORDER:
The facts require to be considered in all these three writ petitions are identical and the issues involved for determination are also identical. Therefore, all the three writ petitions are disposed of by a common order.
The brief facts necessary for considering the writ petitions may be stated as follows:
The respondent-A.P.S.R.T.C. issued tender notification calling for the contractors to supply the persons to carry out the duties of the traffic guides. The petitioners were identified as successful bidders. Thereafter, the respondent-Corporation gave permission to issue licenses for supply of manpower to carry out the duties of Traffic Guides at various traffic generating points.
An agreement was executed in favour of the petitioners by the respondent-Corporation for a period of two years i.e. from 09.06.2009 to 08.06.2011 which is extendable for one more year on similar terms and conditions subject to the satisfactory performance of the contractors. Initially the contract has been extended for six months from 08.06.2011.
Subsequently, the officials of the respondent-R.T.C. issued notifications dated 23.4.2011 and 25.04.2011 to the effect that they invite applications from the persons who have completed 58 years of age and retired from service for the posts of Traffic Guides. On that, the petitioners filed the present writ petitions challenging the said notifications.
While so, it happened that the respondents issued notification dated 01.07.2014 calling for tenders for providing traffic guides.
Learned counsel appearing for the petitioners submits that pursuant to the said notifications, tenders have been called for and were accepted from certain persons and new contractors came into existence.
In view of the above, the original cause in the writ petitions does not survive any more. However, it is the contention of the learned counsel appearing for the petitioners that the security deposits made by the petitioners pursuant to the agreements executed by them earlier with the respondents have to be refunded to them. It is further submitted by the learned counsel that certain wages paid by the petitioners who are contractors to the workers have not been reimbursed to the petitioners.
Learned counsel appearing for the respondents submits that there are no dues to be paid to the contractors towards wages of the workers. In any event, the fact remains that the petitioners issued notice, dated 17.12.2013 calling upon the respondents to pay the deposits towards removed traffic guides and also to pay the wages which are mentioned in the aforesaid notice.
Since the learned counsel appearing for the respondents has not confirmed about the dues mentioned in the notice, specific amount may not be directed to be refunded to the petitioners.
Under these circumstances, the writ petitions are disposed of directing the respondents to return back the security deposits, if any, of the petitioners pending with the respondents and also wages if any of the workers due to be paid to the petitioners, within a reasonable period. There shall be no order as to costs. Miscellaneous petitions, if any, filed in these writ petitions shall stand closed.
R.KANTHA RAO, J Date:23.07.2014 Ccm THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO. 16247 OF 2014, WRIT PETITION NO. 14998 OF 2014, AND WRIT PETITION NO. 15847 OF 2014 Date:23-07-2014