HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 33722 OF 2016

O R D E R:

The case of petitioners - TSGENCO is that Respondents 2 to 12 were alleged to have been working as contract labour engaged by a Contractor - M/s FABCONS, Paloncha in Kothagudem Thermal Power Station (KTPS) on the work of annual maintenance of Vapour Fans and Worm Conveyors. The State Government issued G.O.Ms.No. 41, dated 23-09-1996 prohibiting employment of contract labour in 33 categories in APSEB in exercise of powers conferred under Section 10 (I) of the Contract Labour (Regulation & Abolition) Act, 1970 and declaring that orders for absorption of workers would be issued by the department concerned. In terms thereof, the then APSEB issued guidelines for abolition of contract labour working in 33 categories in various generating stations vide B.P.Ms. No. 37, dated 18-05-1997. Subsequently, further instructions were issued vide B.P.Ms. No. 260, dated

19-12-1997 and B.P.Ms.No. 272, dated 31-12-1997.

1.2. Further, it was contended that Respondents’ cases were also considered and they were found to be not eligible for absorption. At this stage, Writ Petition No. 26785 of 1998 was filed to declare the resu