The main legal point established in the judgment is that the engagement of workers through outsourcing agencies must comply with the law laid down in relevant cases and statutory provisions. The court emphasized the need for regularization of services for workers engaged for more than 10 years and the obligation of the state to create sanctioned posts and undertake periodic regular recruitment.

ORDER :

1. Heard learned counsel for the petitioners and learned standing counsel appearing on behalf of the respondent.

2. This writ petition is filed to issue an appropriate writ or writs or order or orders more particularly in the nature of Writ of Mandamus directing the respondent to regularize the services of the petitioners in consideration of their long service more than 10 years as Hamalis divided into three categories, namely, skilled, semi-skilled and un-skilled in the light of the judgment and order of the Apex Court in the case of State of Karnataka vs. Umadevi that was followed in subsequent cases by this Court.

3. The case of the petitioners, in brief, is as follows:

(a) The petitioners have been employed in the respondent’s academy as Hamalis by designation and they are engaged to discharge the duties as skilled, semi-skilled and unskilled daily wage workers against the persistent and perennial nature of work of loading and unloading of Books published by the academy. The respondent academy has its selling outlets in each District Head Quarters and as well as important town across the erstwhile undivided State of Andhra Pradesh.

(b) The respondent academy was pleased to direct the payment of wages to the disbursing authority for the months of April, and May, 2014 the statement of wages duly passed as bill on which the signatures of the petitioners in token of having received their wages for the days they were engaged on duty continuously. The respondent academy granted payment of incentive for 15 days wages for the year 2014, but the said incentives have been abruptly discontinued in the subsequent years.

(c) The petitioners made a representation to the District Collector, Ranga Reddy District for implementation of Minimum Wages for the year 2018 and 2019 and the District Collector was pleased to issue proceedings dated 27.12.2018 whereby the minimum wages have been increased for unskilled workers from Rs. 357/- to Rs. 522/-for semi-skilled workers from Rs. 443/- to Rs. 648/- for the skilled worker from Rs. 533/- to Rs. 730/- per day.

(d) When the respondent academy declined to implement the said orders, the petitioner again made a representation on 26.03.2019, but in vain. Then the petitioners constrained to organize a dharna on 17.06.2019 and made another representation. The respondent academy implemented enhanced rates w.e.f. 01.07.2019 instead of 01.07.2018. The payment of wages for the period from 16.05.2019 to 31.05.2019 were released vide sanction dated 04.06.2019.

(e) The petitioners have been uniformly designated as Hamalis, but they are being utilised against a specific category of work like librarian, proof reader, clerk, DTP Operator, Computer operator, accountant, attenders, scavenger, sweepers, godown watchman, despatch clerk, drivers, sales clerk, printing clerk.

(f) The respondent academy without considering the long services of the petitioners for more than 10 years, issued impugned tender notification inviting outsourcing agencies for maintenance of cleanliness and book loading and unloading. On appointment of the said agencies in pursuance of the impugned tender notifications, the petitioners would be put to irreparable loss and damage and at this age of more than 40 years of each employee cannot be engaged in the gainful employment as they are used only to the known work to the description of their respective duties in which they are being engaged. Hence, this writ petition.

4. The respondent filed counter affidavit, in brief, is as follows:

(a) Present Director of the respondent academy filed counter affidavit denying the allegations made in the writ affidavit except those that are specifically admitted thereunder. The 1st petitioner filed W.P. No. 25745 of 2022 to direct the respondent not to change his post as librarian to that of clerk.

(b) The present writ petition is not maintainable as there is no employer and employee relationship between the petitioner and the respondent and that there is no cau