:: ORDER ::

The above writ petition is filed to declare the action of respondent authorities in not reinstating the petitioner as Highly Skilled contract labor in A.P. Transco at 132/33 K.V, Substations, Puttaparti, Hindupur Divisions by revoking the termination orders, even after the acquittal in the Criminal Case No.33 of 2017 on the file of the I Addl. Sessions Judge, Anantapur dated

27.11.2018, despite representations dated 11.07.2017, 16.08.2017, 13.02.2019, 23.02.2019, 29.06.2021 and 25.07.2024, as illegal and arbitrary.

2. Heard Sri P.Sree Ramulu Naidu, learned counsel for the petitioner, and Sri S.Raju, learned Assistant Government Pleader for Services appeared for respondent No.1 and learned Junior Standing Counsel appeared for respondents 2 to 7.

3. Learned counsel for the petitioner would submit that the petitioner was engaged in AP TRANSCO at 132/33 KV, Substation, Puttaparti, Hindupur Division through respondent No.8 on 19.04.2006. The petitioner worked for 12 years without any remarks. On 07.06.2017, the petitioner was falsely implicated in a case in Crime No.33 of 2017 for the offence punishable under Section 364, 302, 201 r/w 34 of IPC. The petitioner was arrested and later released on bail on 06.07.2017. Respondent No.8 terminated the petitioner from service. Later, the petitioner was acquitted in a criminal case. The petitioner made several representations and the same were not considered by the respondent authorities. Hence, the writ petition.

4. Learned Junior Standing Counsel would submit that there is no Privity of Contract between the petitioner and respondents 2 to 7. Further would submit that there is no employer and employee relationship between the petitioner and respondents 2 to 7 and hence the writ petition itself is not maintainable. Placed reliance upon the order of Division Bench dated

14.07.2023 in W.A.No.467 of 2023.

5. As seen from the material available on record, the petitioner was engaged through a contractor – respondent No.8 at 132/33 K.V, Substations, Puttaparti, Hindupur Divisions on 19.04.2006. The contractor terminated the service of the petitioner.

6. Some of the contract employees filed W.P.Nos.12035, 12154 & 11898 of 2021 challenging the termination proceedings. Learned Single Judge by order dated 05.08.2021, dismissed those applications. In the intra-court appeal, the Division Bench confirmed the order of the learned Single Judge. The Division Bench observed that simply because the payment is made out of the escrow account, the relationship of employer and employee between the appellant and the official respondents is not established. Eventually, the Division Bench dismissed the writ appeal on the ground that the writ petition was not maintainable. The Division Bench further observed that the appellant is at liberty to take recourse to such other remedy as may be open under law.

7. In the case at hand, the petitioner was engaged through respondent No.8 and respondent No.8 terminated the service of the petitioner. There is no Privity of Contract and employer and employee relationship. Hence, this Court does not find any merit in the writ petition and the writ petition is liable to be dismissed.

8. Given the facts and circumstances of the case, the Wirt Petition is dismissed at the stage of admission. This order will not preclude the petitioner from taking recourse to such other remedy as may be open under law. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI Date : 18.09.2024 TVN

211 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.20423 OF 2024 Date : 18.09.2024 TVN