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2008 Supreme(AP) 1050

HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE MR. JUSTICE V.V.S. RAO
A.P. Labour Law Practitioners Association - Appellant
Versus
Government of Andhra Pradesh, Rep by its Secretary, Labour Employment, Training & Factories Department, Secretariat, Hyderabad & Others - Respondent
Writ Petition No.24480 of 2008
Decided on : 11-12-2008

Advocates appeared:For the Petitioner:G. Vidyasagar, Advocate. For the Respondents: G.P. For Labour.

Headnote:(a) Constitution of India - Article 226 - Shifting of Offices is purely executive matter - Not amenable to Judicial Review.

       (b) Administrative Law - Executive action - If supported by valid reasons cannot be interfered with.

       

Judgment :

Andhra Pradesh Labour Law Practitioners Association filed the instant writ petition seeking invalidation of the proceedings bearing No.E/13434/2008, dated 04.11.2008, issued by the Commissioner of Labour, as irrational and arbitrary. By the said proceedings it was ordered to shift the Offices of (i) Deputy Commissioner of Labour-I, Hyderabad, (ii) Assistant Commissioner of Labour -I, Hyderabad, (iii) Assistant Commissioner of Labour - II, Hyderabad, (iv) Assistant Labour Officers Circle No.14, 18 etc., and (v) Assistant Labour Officers Circle No.10, 15 etc., (hereafter, Labour Offices) from present premises at T.Anjaiah Karmika Bhavan, RTC "X" Roads, to Labour Welfare Centre, Sanathnagar, and two of them to Labour Welfare Centre, Sitaphalmandi in Hyderabad city itself. Deputy Commissioner of Labour, and Assistant Commissioner of Labour are entrusted with the functions of enforcing and regulating the various labour laws like payment of Wages Act, 1936, Minimum Wages Act, 1948, Andhra Pradesh Shops and Establishments Act, 1988, Industrial Disputes Act, 1947, Cine-Workers And Cinema Theatre Workers (Regulation Of Employment) Act, 1981, Equal Remuneration Act, 1976, Payment of Gratuity Act, 1972, Contract Labour (Regulation & Abolition) Act, 1970, Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, Beedi & Cigar Workers (Conditions of Employment) Act, 1966, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, etc. All these Officials also have quasi judicial powers by virtue of various notifications issued by Government of Andhra Pradesh under Labour Welfare Enactments. Prior to 1992 their Offices were situated at various places in the twin cities of Hyderabad. It is alleged that there was a demand by those concerned like workmen, trade union leaders and Advocates to locate all the Offices at one place for the sake of convenience. Therefore, the Government constructed Office complex "T.Anjaiah Karmika Bhavan" (Karmika Bhavan) at RTC "X" Roads, Hyderabad. It is alleged that Karmika Bhavan was constructed with the financial support from the labour welfare fund collected from the employers and workmen under the Andhra Pradesh Labour Welfare Fund Act, 1987. There is also a demand for shifting of the Labour Courts to Karmika Bhavan.

It is also alleged that various offices in the Labour Department take up adjudication work in the afternoon for convenience of union leaders, employees and Advocates. This has been very convenient to all of them. On 04.11.2008, third respondent submitted proposals to second respondent requesting for relocation of Labour Offices. Accepting the proposal, second respondent issued the impugned proceedings for shifting the Offices as follows:

TABLE

This Court while ordering notice before admission passed orders directing second respondent to continue the Offices (proposed to be shifted) at Karmika Bhavan until further orders. When respondents moved W.V.M.P.No.3956 of 2008 duly filing the counter affidavit, having regard to the submissions made by the learned Counsel for petitioner and learned Assistant Government Pleader, the matter is heard finally, and is being disposed of by this order.

The contentions of the counter affidavit in brief may be noticed as follows. Karmika Bhavan was constructed by the Andhra Pradesh Labour Welfare Board. Second respondent is paying rents to the Welfare Board. Consequent on the restructure of the Labour Department vide G.O.Ms.No.64, dated 01.06.2005, proceedings dated 23.05.2008 were issued realigning jurisdictions of various Officers of Hyderabad. Keeping this in view, the Offices of Deputy Commissioner of Labour-I, Assistant Commissioner of Labour-I and II are relocated in the respective jurisdictions due to the following reasons. i) Convenience to large number of workers covered under various labour laws, trade unions, employers and other public representatives in respective t















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