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2002 Supreme(AP) 1430

Andhra Pradesh High Court
Judges : T.MEENA KUMARI
Lakshmi Bhai B. - Appellant
Versus
A.P. State Road Transport Corporation - Respondent
Decided On : 12-13-02

Headnote:

Industrial Disputes Act - Section 9 - Arbitrary - Illegal - Service conditions - Main grievance petitioners is that second respondent by his office order has re categorized posts of sweeper attendees as and thereby there was change in conditions of service even though there is no change in pay-scales - However counsel for the petitioners did not file any material to show that service conditions have been changed - Held, It is to be seen that second respondent pursuant to Board Resolution have issued the proceedings in office order re categorizing posts of attendees sweepers as and it was also stated that excess sweepers attendees will be accommodated in the vacancies - It is relevant to note that in above office order it has been mentioned that the seniority of the sweepers attendees will continue to be maintained in their parent category - Petition dismissed

T. MEENA KUMARI, J.

( 1 ) THIS writ petition has been filed seeking declaration of the proceedings of the Second respondent in No. E2/255 (18)/2002-RM "a" kurnool Region, dated December 14, 2002, in so far as recategorising the petitioners from attenders to shramiks as illegal, arbitrary and violative of section 9-A of the Industrial Disputes Act.

( 2 ) THE main grievance of the petitioners is that the second respondent by his office order, dated November 14, 2002, has recategorised the posts of sweepers/attenders as shramiks and thereby there was change in the conditions of service even though there is no change in the pay-scales. However, the learned counsel for the petitioners did not file any material to show that service conditions have been changed.

( 3 ) IT is to be seen that the second respondent pursuant to the Board Resolution, dated November 14, 2002, have issued the proceedings in office order No. E2/255 (18)/ 2002-RM "q" recategorising the posts of attenders/sweepers as Shramiks and it was also stated that the excess sweepers/attenders will be accommodated in the vacancies of Shramiks. It is relevant to note that in the above office order, dated November 14, 2002, it has been mentioned that the seniority of the sweepers/attenders will continue to be maintained in their parent category.

( 4 ) UNDER the above circumstances and in view of the fact that the petitioners did not file any material to show that by virtue of recategorisation the pay and service conditions of the petitioners will be changed, this writ petition is liable to be dismissed and it is accordingly dismissed. No costs.

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