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2007 Supreme(AP) 52

G.S.SINGHVI, C.V.NAGARJUNA REDDY
Municipal Corporation of Kurnool rep. by its Commissioner, Smt. K. Vijayalakshmi – Appellant
Versus
A. Padma Reddy – Respondent


ORDER (Per G.S. Singhvi, C.J.)

These petitions filed by the Municipal Corporation of Kurnool for quashing order dated 4-5-2005 passed by Chairman-cum Presiding Officer, Industrial Tridunal-cum-Labour Court, Anantapur in I.A.No.413 of 2003 (I.D.No.77 of 2003) and batch have been listed before the Division Bench for determination of the following question of law:

"Whether Rule 11 (6) and Form K-4 of the Andhra Pradesh Industrial Disputes Rules, 1958 are mandatory or directory?

The background facts:

2. In the year 1989, the Government of Andhra Pradesh, after noticing that the practice of engaging daily wage employees and demand for regularisation of such employees has been resulting in over-staffing in the local bodies, issued Memo NO.1 02191/ ESTT/IV/88-1 dated 9-1-1989, whereby the Gram Panchayats were permitted to get the work relating to sweeping of roads, cleaning of side drains, maintenance of water supply, electricity and scavenging done on contract basis by meeting the expenditure from out of their own funds.

3. In furtherance of the above noted policy of the State Government, Kallur Gram Panchayat (for short, the Gram Panchayat), after seeking permission from District Panchayat O

































































































































































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