Court upheld that a direct industrial dispute application by a contract worker is valid and automatic absorption into the employer's establishment is not mandated but preference should be given for appointment.

ORDER :

1. W.P No.22676 of 2008 has been filed by the A.P. Power Generation Corporation (herein after for the sake of brevity referred to as "APGENCO"), being aggrieved by the Award dated 31.01.2008 made in I.D No.91 of 2005 passed by the Industrial Tribunal-cum-Labour Court, Guntur/2^nd Respondent (in short "Tribunal") and seeking quashing of the same. The said I.D was filed by the 1^st Respondent/Workman, which was published in the A.P Gazette in G.O.Rt.No.523, dated 12.03.2008, whereunder, the Tribunal had passed an Award in I.D No.91 of 2005 by directing the APGENCO to employ the petitioner as and when they make regular appointment in their Organisation by relaxing age and academic qualifications etc.

2. Whereas, W.P No.8583 of 2017 was filed by the petitioner/Workman before this Hon‟ble Court seeking direction against the APGENCO Authorities to implement the Award dated 31.01.2008 made in I.D No.91 of 2005 passed by the Tribunal, which was also published in the A.P Gazette in G.O.Rt.No.523, dated 12.03.2008, and to declare the G.O.No.697 of 2002, dated 03.02.2003 issued by the APGENCO as void ab initio and consequential direction to absorb the petitioner with effect from 06.12.1996 into the APGENCO.

3. For the sake of better understanding, the parties i.e., petitioner in W.P No.8583 of 2017 & respondent in W.P No.22676 of 2008 and the petitioner in W.P No.22676 of 2008 & respondent in W.P No.8583 of 2017, herein after referred to as „Workman‟ and „APGENCO‟ respectively.

4. In the above two Writ Petitions, subject matter revolves around one Award dated 31.01.2008 made in I.D.No.91 of 2005 passed by theTribunal,published in the A.P. Gazette in G.O.Rt.No.523,dated 12.03.2008. 5. Whereas, the APGENCO had sought to quash the Award dated 31.01.2008 and conversely, the Workman is urging to implement the very same Award under challenge. There being a commonality of law and facts concerning these Writ Petitions, and also taking into consideration common submissions by the respective Counsels, this Court ventures to pass Common Order in the above Writ Petitions.

6. Heard Sri Nagaraju Nagaru, learned Standing counsel for the APGENCO as well as Sri Prakash Buddarapu, learned counsel for the Workman, at length.

Brief case of the Workman:

7. The claim of the Workmanin the I.D is that he worked as Leave Reserve Contract Labour in coal handling plant under the control of Chief Engineer, VTPS, Ibrahimpatnam, running under APGENCO through a contractor by the name Sri T. Veeraiah from the period 01.04.1996 to 31.03.1997.

8. It is also averred in Claim Petition in the I.D that the Government of Andhra Pradesh by exercising the powers conferred under Sub-Section (1) of Section 10 of the Contract Labour (regulation and Abolition) Act, 1970 issued G.O.Ms.No.41, dated 23.09.1996, whereunder, it prohibited employment of Contract Labour in 33 categories of employment specified therein, in the erstwhile Andhra Pradesh State Electricity Board (APSEB).

9. Subsequently, APSEB was divided into APGENCO (which is entrusted with the activity of power generation) and APTRANSCO (empowered to Transmission, Distribution, Supply of Electricity). In a Nutshell, APGENCO is the instrumentality of State Government which is amenable to Article 12 of the Constitution of India.

10. Inconsonance with the above stated G.O, the erstwhile Andhra Pradesh State Electricity Board formulated guidelines in B.P (P & G Per.) Ms.No.37, dated 18.05.1997 in respect of appointment of Contract Labour engaged against the said 33 prohibited categories of employment in A.P State Electricity Board by prescribing the appoint