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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, CJ., G.M. MOHIUDDIN
D.Maria Das – Appellant
Versus
State of Telangana – Respondent
JUDGMENT:
This Writ Appeal assails the order dated 02.07.2025 passed by the learned Single Judge in W.P.No.4956 of 2021, whereby the writ petition filed by the appellant was dismissed.
2. Heard Sri G. Allabakash, learned counsel for the appellant; Ms. M. Shalini, learned Government Pleader for Services-II for respondent No.1, Sri Srinivasa Srikanth, learned Standing Counsel for Telangana State Power Transmission of Corporation Limited (TSTRANSCO) for respondent Nos.2 to 5 and perused the record.
Factual Matrix in brief:
3. The factual background, necessary for the adjudication of this appeal, is as follows:
i. The appellant/writ petitioner (hereafter "the petitioner") was engaged as a contract labourer (skilled worker) in the Electricity Department of the erstwhile Andhra Pradesh State Electricity Board (APSEB) on 01.05.1993.
ii. The Government of Andhra Pradesh issued G.O.Ms.No.41 dated 23.09.1996, prohibiting engagement of contract labour in certain categories. Consequently, APSEB issued B.P.Ms.No.36 dated 18.05.1997 and B.P.Ms.No.326 dated 14.03.1998, providing for absorption of contract labour in abolished categories with service benefits from 06.12.1996 and pecuniary benefits from
Absorption of contract labour on an 'as-is-where-is' basis excludes claims for prior service benefits; delay and laches bar belated attempts to assert such claims.
Absorption of contract labourers must follow established seniority based on service duration, and discrepancies in records can justify delays in absorption; insufficient qualifying service precludes ....
Appointment on the basis of absorption is impermissible and acquittal in a criminal case does not confer the right to claim absorption with retrospective effect.
Permanent absorption of contract labourers is a concession and cannot be claimed as a matter of right. The eligibility for permanent absorption is determined based on specific criteria outlined in th....
The court reaffirmed the right to equitable treatment in employment, necessitating the re-evaluation of absorption-related pay and benefits for employees absorbed under the U.P. Absorption Rules.
The court confirms that eligibility for absorption of contract workers must be evaluated against their documented employment in abolished categories under the Industrial Disputes Act and associated g....
The court ruled that quasi-contractual arrangements do not preclude establishing employment status; the absence of a true contractor allows claims under MRTU & PULP Act.
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