The court upheld that a workman may file an industrial dispute directly with the Tribunal without government referral, affirming rights under legislative amendments pertaining to contract labour absorption.

ORDER :

1. W.P No.22673 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.88 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.521, dated 12.03.2008, whereunder, the Tribunal had passed an Award in I.D No.88 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.8598 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 88 of 2005 passed by the Tribunal, which was also published in the A.P Gazette in G.O.Rt.No.521, 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., the petitioner in W.P No.8598 of 2017 & respondent in W.P No.22673 of 2008 and the petitioner in W.P No.22673 of 2008 & respondent in W.P No.8598 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.88 of 2005 passed by the Tribunal, published in the A.P. Gazette in G.O.Rt.No.521, 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 facts and law concerning these Writ Petitions, and also taking into consideration of submissions by the respective Counsels, this Court ventures to pass Common Order in the above Writ Petitions.

6. Heard Sri Nagaraju Naguru, 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 Workman in the I.D is that he worked as Coal Breaker in the Coal Handling Plant under the control of Chief Engineer, VTPS Ibrahimpatnam, running under APGENCO through a contractor by the name Balaji Transports from the period 01.04.1994 to 31.08.1997.

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, whereby employment of contract labour in 33 categories of employment specified therein was prohibited 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 Cons