JUDGMENT: (Per Hon‟ble Sri Justice A. Hari Haranadha Sarma)

Introductory:-

1. This Writ Appeal is directed against the Orders dated 06.09.2024 passed by the learned Single Judge of this Court in W.P.No.11862 of 2005.

2. The appellant herein is the A.P. Power Engineering and Technical Workers Union (for short “the Trade Union”). The cause of its workers (members) for regularization was espoused by the Trade Union before the Industrial Tribunal vide I.D.No.37 of 2002 before the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad (for short “the Tribunal”). The writ petitioners are Respondent Nos.1 to 9 before the Tribunal. The Tribunal passed the Award directing regularization of services of the members of petitioners‟ Union from the date of respective services. Aggrieved thereby, the respondents before the Industrial Tribunal filed the Writ Petition No.11862 of 2005 invoking Article 226 of Constitution of India seeking to issue a Writ of Certiorari declaring the orders passed in I.D. No.37 of 2002, dated 14.12.2004 on the file of the Additional Industrial Tribunal, Hyderabad published vide G.O.Rt.No.499, dated 25.02.2005 as illegal arbitrary and without jurisdiction and to quash the same by calling for the record and the writ petition was allowed setting aside the award passed by the Industrial Tribunal. Hence, the present appeal by the Trade Union / respondent No.2 in the Writ Petition.

The case of the Trade Union:-

3. [i] There was engagement of the workers through contractors for operation of various sub-stations and the same was commenced by the APSEB from the year 1990 against the regular sanctioned posts of Helpers (later re-designated as Lineman), Watchmen and Sweepers under the guise of a stopgap arrangement till the vacant posts are filled up as per service rules. But it was continued for 12 years and extended to all the newly commissioned sub-stations. Several vacancies arose time-to-time on account of promotion, retirement, demise of regular workers, but they are not filled up. In respect of several substations as a combination of both regular and contract labour the agreements between the contractors and the authorities of the respondent organization were entered ranging from one month to one year and they are all formal for the purpose of record. The contractors are changed from time to time but the workers are same irrespective of the contractors through whom they are engaged.

[ii] Provisions of Section 7 and 12 of Contract Labour (R&A) Act [for short „CLRA‟] are not complied with.

[iii] Engaging workers from the contractors claimed by the Petitioner- organisation, viz., the writ petitioner is a mere ruse, camouflage and a veil intended to exploit the workers and to deny various benefits available to them under Labour Welfare legislations. The contractors are mere name lenders and the workers are working under direct control and supervision of the APSEB officials and operations are carried out by them during the duty hours.

[iv] Log of operation book, Line clear book, Message book, Log sheet etc., are maintained on par with the regular workers.

[v] The Power Transmission Corporation/respondent No.1 is one of the three main wings of APSEB, which was trifurcated into three independent companies viz., 1) A.P. Power Generation Corporation 2) A.P. Power Transmission Corporation and 3) A.P. Power Distribution Company. The Government of A.P. issued G.O.Ms.No.41 dated 23.09.1996 prohibiting engagement of contract labour in APSEB in (33) categories of works, which include Helper, Watchmen, and Sweeper. The said GO was acted upon by the erstwhile APSEB, while regularizing the services of workmen in prohibited categories in Generation Wing. But regularization of the services similarly placed persons in Transmission and Distribution wings was not done.

[vi] In fact, BPMS No.260 dated 19.12.1997 provides for regularization of services of those engaged against prohibited categories in APSEB. Therefore, the transmission