B. Meneekala vs The State Of Andhra Pradesh on 9 July, 2026

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    Andhra Pradesh High Court – Amravati

    B. Meneekala vs The State Of Andhra Pradesh on 9 July, 2026

    Author: D Ramesh

    Bench: D Ramesh

                                      1
    
    
    
    
    Date of reserved for orders : 29.04.2026
    Date of pronouncement        : 09.07.2026
    Date of uploading           : 13.07.2026
    APHC010088282024
                        IN THE HIGH COURT OF ANDHRA
                                    PRADESH
                                                            [3208]
                                 AT AMARAVATI
                          (Special Original Jurisdiction)
    
                  THURSDAY, THE 9th DAY OF JULY 2026
    
                                 PRESENT
    
              THE HONOURABLE SRI JUSTICE D RAMESH
    
                       WRIT PETITION NO: 4786/2024
    
    Between:
    
       1. B. MENEEKALA, W/O. V.PARTHA SARADHI,AGE 38
          YEARS, OCC EX. DATA ENTRY OPERATOR (OUT
          SOURCING),    O/O. GALAXY GRANITE PROJECT,
          CHEEMAKURTHY, PRAKASAM DISTRICT. R/O.5/100,
          RR CENTER-1, MANGAMPETA, KODUR
    
                                                     ...PETITIONER
    
                                    AND
    
       1. THE STATE OF ANDHRA PRADESH, REP. BY ITS
          PRINCIPAL SECRETARY,    MINES AND GEOLOGY
          DEPARTMENT,        SECRETARIAT     BUILDINGS,
          VELAGAPUDI, AMARAVATHI, GUNTUR DIST.
    
       2. A P MINERAL DEVELOPMENT CORPORATION LTD,
          REP. ITS VICE CHAIRMAN AND MANAGING DIRECTOR,
          (A GOVT, OF ANDHRA PRADESH UNDERTAKING), D.
          NO. 294/1D, KANUR VILLAGE, PENAMALURU MANDAL,
          VIJAYAWADA 521 137 (AP.
                                   2
    
    
    
    
      3. THE DEPUTY GENERAL MANAGER HRC, O/O. VICE
         CHAIRMAN AND MANAGING DIRECTOR, THE A.P.
         MINERAL DEVELOPMENT CORPORATION LTD.,     (A
         GOVT, OF ANDHRA PRADESH UNDERTAKING), D. NO.
         294/1D, KANURU VILLAGE, PENAMALURU MANDAL,
         VIJAYAWADA 521 137 (AP)
    
      4. THE PROJECT OFFICER, A.P. MINERAL DEVELOPMENT
         CORPORATION LTD, GALAXY GRANITE PROJECT,
         CHIMAKURTHY, PRAKASAM DISTRICT.
    
                                          ...RESPONDENT(S):
    
    Counsel for the Petitioner:
    
      1. D LINGA RAO
    
    Counsel for the Respondent(S):
    
      1. V R N PRASHANTH
    
      2. GP FOR MINES AND GEOLOGY
    
    
    
                   WRIT PETITION NO: 28115/2024
    
    Between:
    
      1. TIPPANA SUBRAMANYAM, S/O SANKARAIAH, AGED
         44 YEARS, OCC JR. ASST. GR. 2 (OUTSOURCING
         BASIS),    R/O    HNO   5/17,   HARIJANAWADA,
         REDDIVARIPALLI (VILL  AND     POST),    RAILWAY
         KODUR, ANNAMAYYA DIST, AP.- PIN 516101.
    
      2. BATHALA UDAYNAGENDA, S/O NARASIMHESWARA
         PRASAD,    AGED 38 YEARS, OCC WEIGHBRIDGE
         ASSISTANT (OUTSOURCING BASIS), R/O D. NO 2/11
         L,BALIJA STREET, RLY KODUR TOWN, RLY KODUR
         MANDAL, ANNAMAYYA DISTRICT, AP-516101
                            3
    
    
    
    
    3. GUNTHA SUNEEL KUMAR, S/O JAYANNA, AGED 39
       YEARS,   OCC     JR.   ASSISTANT   GRADE   2
       (OUTSOURCING BASIS), R/O D NO 25, SC COLONY,
       ALAVALAPADU VILLAGE,        VEMPALLI MANDAL,
       KADAPA DISTRICT, AP-516350
    
    4. GUNTHA SUJATHA, W/O SUNEEL KUMAR, AGED 37
       YEARS, OCC ATTENDER GR.2 (OUTSOURCING
       BASIS), R/O D NO 25, SC COLONY, ALAVALAPADU
       VILLAGE, VEMPALLI MANDAL, KADAPA DISTRICT, AP-
       516350
    
    5. MURAKUNTI SYAMALA, W/O RAMANA,       AGED 40
       YEARS, OCC ATTENDER GR.2 (OUTSOURCING
       BASIS), R/O D NO 9-155, RAMADASU COLONY,
       VEDANTHA PURAM, TIRUPATI RURAL, AP-517507
    
    6. YEDIKA ANIL KUMAR, S/O MAHESWARAIAH, AGED 30
       YEARS, OCC JR. ASST. GR. 2 (OUTSOURCING BASIS),
       R/O   D     NO   9/101,    MADHAVARM     PODU,
       HARIJANAWADA, ANNAMAYYA DISTRICT, AP-516101
    
    7. MARRIBOINA MALLESWARAMMA, W/O BRAHMAIAH,
       AGED   36   YEARS    OCC     ATTENDER GR.2
       (OUTSOURCING BASIS),       R/O D NO 3/70,
       ANANTHARAJUPETA VILLAGE, R S KODUR MANDAL,
       ANNAMAYYA DISTRICT, AP-516105
    
    8. GANGANAGARI       PRASANTH,   GANGANAGARI
       PRASANTH S/O SUDHAKAR REDDY, AGED 31 YEARS,
       OCC WEIGHBRIDGE ASSISTANT (OUTSOURCING
       BASIS),   R/O D.NO 16-65A JILLELAMADAKA,
       OBULAVARIPALLI   (VI  AND   M  AND    POST),
       ANNAMAYYA DIST-516108
    
    9. UPPUTURI SUMA, D/O NAGA RAJA RAO, AGED 29
       YEARS, OCC JR, ASST. GR. 2 (OUTSOURCING BASIS),
       R/O D NO 6/372/2, VASANTHA NAGAR, RLYKODUR
                            4
    
    
    
    
      MANDAL, ANNAMAYYA DISTRICT,AP- 516101
    
    10. KANCHERLA VENKATESWARLU, S/O SIVA REDDY,
        AGED 39 YEARS, OCC WEIGHBRIDGE ASSISTANT
        (OUTSOURCING BASIS), R/O D NO 1-19, K C
        AGRAHARAM VILLAGE,   REDDYVARIPALLI POST,
        RLYKODUR MANDAL, ANNAMAYYA DISTRICT, AP-
        516101
    
    11. VADDI KISHORE, S/O SREENIVASULU, AGED 30
        YEARS, OCC      SUB ASSISTANT (OUTSOURCING
        BASIS), R/O D NO 4/159, RAGHAVARAJAPURAM HW,
        RLY KODUR, ANNAMAYYA DISTRICT, AP-516105
    
    12. MALLU      CHANDRASEKHARA      REDDY,      S/O
        SREENIVASULU REDDY, AGED 37 YEARS, OCC JR.
        ASST. GR, 2 (OUTSOURCING BASIS), R/O HNO 7/69
        NEAR KALIKADEVI TEMPLE, OBULAVARIPALLI (VI
        AND POST AND MD), ANNAMAYYA DIST. PIN-516108
    
    13. KATIKA JEEVAIAH, S/O DAVEEDU, AGED 42 YEARS,
        OCC SECURITY GUARD GR. 2 (OUTSOURCING
        BASIS),    R/O    DNO   5-414, RR  STREET-5,
        MANGAMPETA, ANNAMAYYA DISTRICT, AP-516105
    
    14. MARELLA NEELIMA, D/O RAJESWARI,       AGED 31
        YEARS, OCC JR. ASST. GR. 2 (OUTSOURCING BASIS),
        R/O D NO 10/526,LAXMI PARADISE, WY KODUR
        MANDAL, ANNAMAYYA DISTRICT, AP-516101
    
    15. SANDELLA SUGUNA, W/O MALLIKARJUNA, AGED 31
        YEARS, OCC JR. ASST. GR. 2 (OUTSOURCING BASIS),
        R/O DNO 10-37, RANGANAYAKULAPETA, RLY KODUR
        ANDALAM, ANNAMAYYA DIST-516101
    
    16. RUDDIRALA SUDHAKAR BABU, S/O VENKATA
        RAMANA, AGED 28 YEARS, OCC JR. ASST. GR. 2
        (OUTSOURCING BASIS), R/O RAGHAVARAJUPURAM
        (VI  AND  POST),   RLY   KODUR  MANDALAM,
                            5
    
    
    
    
      ANNAMAYYA DIST-516105
    
    17. TIPPIRIPATI VIJAY, S/O DEVADAS, AGED- 40 YEARS,
        OCC- TEACHER (OUTSOURCING BASIS),           R/O
        MANGAMPETA,       OBULAVARIPALLI   MANADALAM,
        ANNAMAYAA DISTRICT, AP-516105
    
    18. CHALLA NAGARAJU, S/O HANUMAIAH, AGED- 27
        YEARS, OCC- JR. ASST. GR. 2 (OUTSOURCING
        BASIS),  R/O RR CENTER -1, RR STREET-3,
        MANAGAMPETA,      OBULAVARIPALLI MANDALAM,
        ANNAMAYA DIST-516105
    
    19. KONDREDDY CHAKRAVARTHI, S/O VENATAIAH,
        AGED-  37   YEARS,    OCC-    SUB ASSISTANT
        (OUTSOURCING BASIS),       R/O D NO- 5-88,
        DHARAMMAPURAM STREET, RLY KODURU MANDAL,
        ANNAMAYA DISTRICT-516101
    
    20. BEEDA    VENKATA SUBBANNA,      S/O VENKATA
        SUBBAIAH, AGED- 45 YEARS, OCC- ATTENDER GR. 2
        (OUTSOURCING BASIS),      R/O D NO- 9/212B,
        RAMNAGAR, KAMALAPURAM YSR KADAPA DISTRICT,
        AP-516289
    
    21. GAGGUTUR BABAFAKRUDDIN, S/O MUSTAFA, AGED-
        36 YEARS, OCC- ATTENDER GR. 2 (OUTSOURCING
        BASIS), R/O D NO- 4.RR. CENTER-2, MANGAMPETA,
        ANNAMAYYA DIST, AP-516105
    
    22. GOULA ADILAKSHMI, W/O POUL, AGED- 50 YEARS,
        OCC- ATTENDER GR. 2 (OUTSOURCING BASIS), R/O
        D NO- 102, 9TH STREET, RR CENTER-1, KOTHA
        MANGAMPET,        OBULAVARIPALLI    MANDAL,
        ANNAMAYYA DISTRICT, AP-516105
    
    23. PEDDIBOYINA        VENKATAKRISHNA,        S/O
        VENKATARAMANA       AGED- 29 YEARS, OCC-
        ATTENDER GR. 2 (OUTSOURCING BASIS), R/O D NO-
                            6
    
    
    
    
      1/172B-1,   GONUMAKULAPALLE       VILLAGE,
      VEERPANAYUNIPALLI MANDAL, KADAPA DISTRICT,
      AP-516321
    
    24. TIPPANA    RAVEESH      PRABHU   KUMAR,    S/O
        KRISHNAIAH, AGED 40 YEARS, OCC ATTENDER GR.2
        (OUTSOURCING      BASIS),    R/O  DNO   5/16A,
        HARIJANAWADA, REDDI VARIPALLI,     ANNAMAYYA
        DISTRICT, AP-516101
    
    25. MADAGALAM VARA PRASAD, S/O NARAIAH, AGED 44
        YEARS, OCC MINING MATE (OUTSOURCING BASIS),
        R/O RR CENTRE 1 RR STREET -3 MANGAMPETA (V) ,
        OBULAVARIPALLI(M), ANNAMAYYA DIST, AP-516105
    
    26. KALLURU PRASANTH, S/O PUSPARAJ,   AGED 30
        YEARS, OCC DRIVER (OUTSOURCING BASIS), R/O
        RRL STREET NO.9, MANGAMPETA, OBULAVARIPALLI
        MANDAL, ANNAMAYYA DIST, AP-516105
    
    27. DAKSHIRAJU SURESH, S/O SRINIVASA RAJU, AGED
        28     YEARS,   OCC     WEIGHBRIDGE      ASST.
        (OUTSOURCING BASIS), R/O DNO 3/40.SIRIGIRACHA
        PALLI,   GOVINDAM    PALLI,    OBULAVARIPALLI,
        ANNAMAYYA DISTRICT, AP-PIN 516105
    
    28. SAKUNALA SREENIVASULU, S/O VENKATARAJU,
        AGED 41 YEARS, OCC ATTENDER GR. 2
        (OUTSOURCING    BASIS),         R/O  D    NO
        2/169.BOMMAVARAM,              OBULAVARIPALLI,
        ANNAMAYYA DISTRICT, AP-PIN 516105
    
    29. SHAIK MUBARAK, S/O SHAIK MAHABOOB BASHA,
        AGED 24 YEARS, OCC        ATTENDER GR 2
        (OUTSOURCING BASIS),   R/O DNO 10/419-L.M G
        ROAD, RAILWAY KODUR, ANNAMAYYA DISTRICT, AP-
        PIN 516101
                            7
    
    
    
    
    30. THOTA GOPALAIAH, S/O VENKATACHALAPATHI,
        AGED 49 YEARS, OCC WEIGHBRIDGE ASST.( ON
        CONTRACT), R/O DNO 4-80A, CHENNARAJUPODU (P
        AND VI), OBULAVARIPALLI MANDALAM, AMAMAYYA
        DIST-AP-PIN-516108
    
                                       ...PETITIONER(S)
    
                         AND
    
    1. THE STATE OF ANDHRA PRADESH, INDUSTRIES AND
       COMMERCE       DEPARTMENT,          SECRETARIAT
       BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
       DISTRICT, REP. BY ITS SPECIAL CHIEF SECRETARY
    
    2. THE ANDHRA PRADESH MINERAL DEVELOPMENT
       CORPORATION LTD, , (A GOVT, OF A. P.
       UNDERTAKING),    OFFICE D.N0.294/ID, KANURU,
       VIJAYAWADA - 521137, N.T.R. DISTRICT, ANDHRA
       PRADESH,   REP. BY ITS VICE CHAIRMAN AND
       MANAGING DIRECTOR.
    
    3. THE CHIEF PROJECT OFFICER, A.P. MINERAL
       DEVELOPMENT CORPORATION LTD., (A GOVT, OF
       ANDHRA PRADESH UNDERTAKING), MANGAMPET
       BARYTES PROJECT, BRANCH OFFICE, MANGAMPET
       - 516 106,   ANNAMAYYA DISTRICT, ANDHRA
       PRADESH.
    
    4. M/S SINGU SOLUTIONS, IV FLOOR, SRI SAINATH
       COMPLEX, 15/1, AMDALPET, GUNTUR 522002 (AP)
    
    5. M/S V SUBBA REDDY, D. NO. 2/193, KAPUPALLI,
       MANGAMPET VILLAGE, OBULAVARIPALLI MANDAL,
       ANNAMAYYA DIST., AP 516105
    
    6. M/S SAI KRUPA MANPOWER AGENCY, 7/451,
       GROUND FLOOR, NEW KRISHNA NAGAR,   RLY.
       KODUR (TOWN AND MANDAL), ANNAMAYYA DIST.
                                      8
    
    
    
    
          A.P. 516101
    
      7. M/S    M  PRATAP     REDDY,     OUTSOURCING
         CONTRACTOR, D. NO. 3/18, ALIVELUMANGAPURAM
         VILLAGE, CHITVEL MANDAL, ANNAMAYYA DIST.
         516110
    
      8. M/S A REVATHI, OUTSOURCING CONTRACTOR,
         MANGAMPET VILLAGE, OBULAVARIPALLI MANDAL,
         ANNAMAYYA DT. 516105
    
      9. M/S P RAVI BABU, OUTSOURCING CONTRACTOR, D.
         NO. 19, MANGAMPET VILLGE, OBULAVARIPALLI
         MANDAL, ANNAMAYYA DT. 516105
    
      10. M/S SRI LAKSHMI NARASIMHA, OUTSOURCING
          AGENCY, 7/620-B, SURYA NAGAR, R.S. ROAD, RLY
          KODUR TOWN AND MANDAL, ANNAMAYYA DT.
          516105.
    
                                          ...RESPONDENT(S):
    
    Counsel for the Petitioner(S):
    
      1. D LINGA RAO
    
    Counsel for the Respondent(S):
    
      1. THE ADVOCATE GENERAL
    
      2. GP FOR SERVICES I
    
                   WRIT PETITION NO: 28948/2024
    
    Between:
    
      1. KORAMUTLA HARIPRASAD, S/O. K.CHINNAIAH, AGED
         ABOUT 37 YEARS, OCC        ATTENDER,     R/O.
         RAGHAVARAJAPURAM,       RAILWAY       KODUR,
         ANNAMAYYA DISTRICT.
                            9
    
    
    
    
    2. K.PRASANNA KUMAR,, S/O. K.VENKATA RAMANA,
       AGED ABOUT 27 YEARS, OCC     WEIGH BRIDGE
       ASSISTANT, R/O. REDDYVARIPALLI, H/O. KODUR,
       ANNAMAYYA DISTRICT.
    
    3. N.NARASIMHULU,, S/O. VENKATA RAMANA, AGED
       ABOUT 28 YEARS, OCC DATA ENTRY OPERATOR,
       R/O. REDDYPALLI VILLAGE, PULLAMPETA MANDAL,
       ANNAMAYYA DISTRICT.
    
    4. S. PRAVEEN KUMAR,, S/O. S. NARASIMHULU, AGED
       ABOUT 37 YEARS, OCC JUNIOR ASSISTANT GRADE-
       LL,   R/O. REDDYPALLI VILLAGE, PULLAMPETA
       MANDAL, ANNAMAYYA DISTRICT.
    
    5. M. VIJAYABHASKAR REDDY,, S/O. CHANDRA SEKHAR
       REDDY, AGED ABOUT 37 YEARS, OCC ATTENDER,
       R/O. MANGAMPETA, KADAPA DISTRICT.
    
    6. G. VARAPUTRA TEJA,, S/O. G. RAJASEKHAR, AGED
       ABOUT 29 YEARS, OCC JUNIOR ASISTANT GRADE-
       LL, R/O. MANGAMPETA,KADAPA DISTRICT.
    
    7. K. SUNEEL,, S/O. K. DAVIDU, AGED ABOUT 39 YEARS,
       OCC     DRIVER,      R/O. MANGAMPETA, KADAPA
       DISTRICT.
    
    8. K. CHENGAL RAYUDU,, S/O. K. CHENGAIAH, AGED
       ABOUT 42 YEARS, OCC JR. ASSISTANT GRADE-LL,
       MADHAVARAMPADU, H/W. KODURU, ANNAMAYYA
       DISTRICT.
    
    9. Y. SREEKANTH,, S/O. Y. JAYA KUMAR, AGED ABOUT
       31 YEARS, OCC         JR. ASSISTANT GRADE-LL,
       MADHAVARAMPADU, H/W. KODURU, ANNAMAYYA
       DISTRICT.
    
    10. T. SIVASANKARAIAH,, S/O. T.ESWARAIAH, AGED
        ABOUT 33 YEARS, OCC JR. ASSTANT GRADE-LL,
                           10
    
    
    
    
      REDDYVARIPALLE VILLAGE, CHITVEL MANDAL, YSR
      KADAPA DISTRICT.
    
    11. D. VIJAY KUMAR,, S/O. D.VENKATARAMANA, AGED
        ABOUT 27 YEARS OCC JR. ASSISTANT GRADE-LL
        ARUNDHATHIWADA, KODUR, ANNAMAYYA DISTRICT.
    
    12. K. MUNIKRISHNA,, S/O. VENKATA MUNI,    AGED
        ABOUT 24 YEARS OCC ATTENDER, R/O. RR STREET-
        4, MANGAMPETA, KADAPA DISTRICT.
    
    13. P. VEERANJANEYA REDDY,, S/O. RAMANJANEYA
        REDDY, AGED ABOUT 24 YEARS, OCC DRIVER,
        MUTHUKURU     VILLAGE,  VEMPALLE    POST,
        ANNAMAYYA DISTRICT.
    
    14. C.CHARAN KUMAR, S/O. MURALI, AGED ABOUT 31
        YEARS,  OCC      JR.   ASSISTANT  GRADE-LL,
        RAGHAVARAJAPURAM,    H.W.   KODUR  MANDAL,
        ANNAMAYYA DISTRICT.
    
    15. T. NAGABHUSHANAM,, S/O. T. NARASIMHULU, AGED
        ABOUT 36 YEARS, OCC JR. ASSISTANT GRADE-LL,
        OBILI, PENAGALUR MANDAL, ANNAMAYYA DISTRICT.
    
    16. CHINTHAM SUNIL KUMAR,, S/O. PITCHAIAH, AGED
        ABOUT 30 YEARS, KODUR, ANNAMAYYA DISTRICT.
    
    17. CHENNAMSETTY VINAY,, S/O. CHALAPATHI, AGED
        ABOUT 29 YEARS, OCC         SUB ASSISTANT,
        ANNAMAYYA DISTRICT.
    
    18. T. NAVEEN KUMAR, S/O. T. RAMAIAH, AGED ABOUT
        29 YEARS, OCC JR. ASSISTANT GRADE-LL, R/O.
        D.NO.2-10, REDDEPALLI VILLAGE,    PULLAMPETA
        MANDAL, ANNAMAYYA DISTRICT.
    
    19. K. SREERAMULU,, S/O. RAMAIAH, AGED ABOUT 29
        YEARS, OCC ATTENDER, R/O. HARIJANAWADA,
                            11
    
    
    
    
      LETA PALLI, KAMALAPURAM,
    
    20. T. VIJAY KUMAR,, S/O. RAMACHANDRAIAH, AGED
        ABOUT 26 YEARS, OCC JR. ASSISTANT GRADE-LL,
        R.R.STREET, 4, MANGAMPETA, OBULAVARIPALLI
        MANDAL, ANNAMAYYA DISTRICT.
    
    21. T. NAVEEN KUMAR REDDY,, S/O. T. VIJAY BHASKAR
        REDDY, AGED ABOUT 35 YEARS, OCC MINE MATE,
        R/O.    APMDC    QUARTERS,       MANGAMPETA,
        ANNAMAYYA DISTRICT
    
    22. C. SUBRAYUDU,, S/O. C. PATTABHI, AGED ABOUT 32
        YEARS, RAGHAVARAJAPURAM, KODURU MANDAL,
        ANNAMAYYA DISTRICT.
    
    23. M. SUKUMAR REDDY,, S/O. M. RAMASUBBA REDDY,
        AGED ABOUT 35 OCC JUNIOR ASSISTANT, GRADE-
        LL, MANGAPALLI, CHITVEL MANDAL,
    
    24. B. MADHU SUDHAN,, S/O. SUBBOJI, AGED ABOUT 31
        YEARS, OCC JUNIOR ASSISTANT GRADE-LL, R/O.
        CHOWDESWARI      NAGAR,     1ST        CROSS,
        MEERUGATUVARIPALLI, MADANAPALLI, ANNAMAYYA
        DISTRICT.
    
    25. D.V.RAMANA REDDY,, S/O. D. SIVA REDDY, AGED
        ABOUT     36   YEARS,      R/O.    1    -78-A,
        RAGHAVARAJAPURAM,          RAILWAY    KODUR,
        ANNAMAYYA DISTRICT.
    
                                       ...PETITIONER(S)
                         AND
    
    1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY
       ITS PRINCIPAL SECRETARY,    INDUSTRIES  AND
       COMMERCE DEPARTMENT,      VELGAPUDI, GUNTUR
       DISTRICT, ANDHRA PRADESH.
                                      12
    
    
    
    
      2. THE      ANDHRA        PRADESH         MINERAL
         DEVELOPMENTCORPORATION LTD, (A GOVT, OF A.P.
         UNDERTAKING),     OFFICE D.NO.294/1D,KANURU,
         VIJAYAWADA- 521 137,   N.T.R DISTRICT, ANDHRA
         PRADESH,   REP. BY ITS VICE CHAIRMAN AND
         MANAGING DIRECTOR.
    
      3. THE CHIEF PROJECT OFFICER, A.P. MINERAL
         DEVELOPMENTCORPORATION LTD.,     (A GOVT, OF
         ANDHRA     PRADESH    UNDERTAKING),MANGAMPET
         BARYTES PROJECT, BRANCH OFFICE, MANGAMPET -
         516 106, ANNAMAYYA DISTRICT.
    
      4. THE CHIEF PROJECT OFFICER, A.P. MINERAL
         DEVELOPMENT CORPORATION LTD (A GOVT, OF
         ANDHRA PRADESH UNDERTAKING),          GALAXY
         GRANITE PROJECT, BRANCH OFFICE, CHIMAKURTHY,
         ANNAMAYYA DISTRICT.
    
      5. M/S SINGU SOLUTIONS, IV FLOOR, SRI SAINATH
         COMPLEX,   15/1, ARNDALPET, GUNTUR - 522 002
    
      6. M/S SAI KRUPA MANPOWER AGENCY, 7/451, GROUND
         FLOOR, NEW KRISHNA NAGAR,          RLY. KODUR
         (TOWN AND MANDAL),      ANNAMAYYA DISTRICT, A.P.
         516 101. RESPONDENT NOS.5 AND 6 IMPLEADED AS
         PER COURT ORDER DATED 17.12.2024 VIDE I.A.NO.2
         OF 2024 IN WP NO.28948 OF 2024
    
                                          ...RESPONDENT(S):
    Counsel for the Petitioner(S):
      1. K RAGHU VEER
    
    Counsel for the Respondent(S):
    
      1. THE ADVOCATE GENERAL
    
      2. GP FOR INDUSTRIES COMMERCE
                               13
    
    
    
    
                WRIT PETITION NO: 33880/2025
    
    Between:
    
      1. PANA NANI, S/O PANA CHINNA, AGED 28 YEARS,
         OCC JUNIORASST.GR.IL,         R/O H NO 40-17-146,
         PAKEERGUDEM, LABBIPET VIJAYAWADA, KRISHNA
         DIST, AP.- PIN 520010. (SI.NO. 23 IN THE LIST) 2.
    
      2. BHAKTULA INDIRA, W/O B. SIVA NAGESWARA RAO,
         AGED 50 YEARS, OCC ATTENDER (OS), R/O D. NO.
         40-23-7, MANNAM SUBBAIAH STREET             PAKEER
         GUDEM, LABBIPETA POST, VIJAYAWADA, KRISHNA
         DIST., AP 520010. (SI.NO.35 IN THE LIST) 3.
    
      3. LAKSHMIGARI SUDARSHAN, S/O GANGULAIAH AGED
         26 YEARS, OCC OFFICE ASSISTANT, R/O H. NO.
         7/329-30, NEW KRISHNA NAGAR RAILWAY KODURU,
         CUDAPPAH AP 516101 (SI.NO.37 IN THE LIST)
    
      4. UMMADI VISWANTH REDDY, S/O UMMADI NARAYANA
         REDDY, AGED 38 YEARS, OCC SR. ASSISTANT, R/O
         H. NO. 13/4, KITCHAMAMBAPURAM, MANDHARAM,
         RAJAMPET, MANNUR, CUDDAPAH AP 516126 (SI.NO.
         39 IN THE LIST)
    
      5. GUGGULOTHU PRASHANTHI, W/O IRMELU NAIK
         AGED 33 YEARS, OCC ATTENDER, R/O 1-70, SUGALI
         COLONY, TADIGADAPA, KRISHNA DIST, AP 521137
         (SI.NO. 40 IN THE LIST)
    
      6. E. VAMSI KRISHNA, S/O SRINIVASA RAO AGED29
         YEARS, OCC ATTENDER GR. II R/O H. NO. 13-222,
         RAJENDRANAGAR, VUYYURU, KRISHNA DIST. AP
         521165 (SI.NO.41 IN THE LIST) 7.
    
      7. POLANNAGARI HEMANTH KUMAR,, S/O VENKATA
         RAMANA, AGED 29 YEARS, OCC JR. ASSISTANT
         GRADE II, R/O H. NO. 10-97-2, RANGANAYUKULA
                            14
    
    
    
    
      PETA, RAILWAY KODUR, CUDDAPAH, AP -516101
      (SI.NO. 48 IN THE LIST) 8.
    
    8. BOGGULA     RAMANJENULU,        S/O     BOGGULA
       SRIRAMULU AGED 34 YEARS, OCCSECURITY GUARD
       GR.LL,   R/O MANGAMPETA, OBULAVARIPALLI,
       CUDDPAH,AP 516108 (SI.NO.65 IN THE LIST) 9.
    
    9. DASARI CHANGALRAYULU,, S/O DASARI SUBBULAIAH
       AGE 43 YEARS OCC MINE MATE,              R/O
       HARIJANAWADA, RAGHAVARAJAPURAM, RAILWAY
       KODUR, CUDDAPAH AP 516105 (SI.NO. 95IN THE
       LIST)
    
    10. PIDUGU JESSI, S/O SUNDARAM AGED 54 YEARS,
        OCCSECURITY GUARD GR. II R/O GANDHI NAGAR,
        RAILWAY KODUR, KODUR,     CUDDAPAH 516101.
        (SI.NO. 66 IN THE LIST
    
    11. TALARI RAMU, S/O TALARI SURYANARAYANA, AGED
        30 YEARS, OCCJR. ASST. GR. II R/O D RR STREET,
        MANGAMPET, OBULAVARIPALLI           MANGAMPET,
        CUDDAPAH AP 516105 (SI.NO. 97 IN THE LIST) 12.
    
    12. PIKKILI HEMANTH KUMAR, S/O VENKATESWARIU,
        AGED 26 YEARS, OCC JR. ASSTT. GR. II, R/O P.K.
        PLLI, PODILI KONDA PALLE, PRAKASAM DIST, AP
        523357 (SI.NO.123 IN THE LIST) 13.
    
    13. K. PURUSHOTHAM REDDY, S/O K. RAMACHANDRA
        REDDY AGE 41 YEARS, OCC JR. ASST. GR. II, R/O 2-
        90-A, ANIMELA, VTC ANIMELA, PO ANIMELA, SUB
        DIST. VEERAPUNAYUNIPALLE DT. CUDAPPAH, AP
        516 321 (SI.NO. 49 IN THE LIST)
    
                                        ...PETITIONER(S)
    
                          AND
                                      15
    
    
    
    
      1. THE STATE OF AP, INDUSTRIES        COMMERCE
         DEPARTMENT,           SECRETARIAT  BUILDINGS,
         VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP.
         BY ITS SPECIAL CHIEF SECRETARY. 2.
    
      2. THE ANDHRA PRADESH MINERAL DEVELOPMENT,
         CORPORATION   LTD.,  (A    GOVT,   OF    A. P.
         UNDERTAKING),     OFFICED.NO.294/ID,   KANURU,
         VIJAYAWADA - 521137   N.T.R. DISTRICT, ANDHRA
         PRADESH,   REP. BY ITS VICE CHAIRMAN AND
         MANAGING DIRECTOR. 3
    
      3. THE CHIEF PROJECT OFFICER, .      A.P. MINERAL
         DEVELOPMENT CORPORATION LTD. (A GOVT, OF
         ANDHRA PRADESH UNDERTAKING),       MANGAMPET
         BARYTES PROJECT, BRANCH OFFICE, MANGAMPET -
         516 106, YSR KADAPA DISTRICT, ANDHRA PRADESH.
         4.
    
      4. M/S SINGU SOLUTIONS, IV FLOOR, SRI SAINATH
         COMPLEX, 15/1, ARNDALPET, GUNTUR 522002 (AP) 5.
    
      5. M/S M PRATAP REDDY, OUTSOURCING CONTRACTOR
         D. NO. 3/18, ALIVELUNNANGAPURAM VILLAGE,
         CHITVEL MANDAL, ANNAMAYYA DIST. 516110 6.
    
      6. M/S REDDY ENTERPRISES, 32-26-16/1, VIJAYALAKSHMI
         NIVAS, MACHAVARANNDOWN, BESIDE VANI PUBLIC
         SCHOOL ELURU ROAD, VIJAYAWADA 520 004
    
                                          ...RESPONDENT(S):
    
    Counsel for the Petitioner(S):
    
      1. D LINGA RAO
    
    Counsel for the Respondent(S):
    
      1. GP FOR SERVICES I
                                 16
    
    
    
    
      2. THE ADVOCATE GENERAL
    
    
    
    The Court made the following:
                                      17
    
    
    
    
           THE HONOURABLE SRI JUSTICE D.RAMESH
    
      WRIT PETITION Nos.4786, 28115 & 28948 of 2024 and
                             33880 of 2025
    
    COMMON ORDER:

    W.P.No.4786 of 2024 is filed seeking the following relief:

    “….to issue a writ, order or direction more particularly one in
    the nature of Writ of MANDAMUS to declare the action of the
    respondents in discontinuing the petitioner along with others
    vide termination Office Order in APMDC/HRD/08/2021/576, dt
    30.6.2021 and engaging/reengaging other similarly situated
    persons who were terminated along with petitioner vide Proc.
    APMDC/HRD/OS/2021/882, dt 29.7.2021 without
    engaging/reengaging the petitioner is illegal, arbitrary,
    discriminatory, unconstitutional and violative of Article 14 and
    16 of the Constitution of India and contrary to various
    judgments of Hon’ble Supreme Court on this subject by
    setting aside the impugned termination order dt 30.6.2021 in
    so far as petitioner is concerned and consequently direct the
    respondents to engage/reengage and continue the petitioner
    work as Data Entry Operator at Chimakurthy or Mangampeta
    at Galaxy Granite Project of A.P.Mineral Development
    Corporation Limited, as was done in case similarly situated
    terminated employees namely 1. Tippanna Subramanyam,2.
    Chowdavaram Subbarayudu, 3. Shodavaram Praveen Kumar
    and 4. Kairi Chapgalrayudu vide APMDC/HRD/OS/2021/882,
    dt 29.7.2021 with all consequential benefits ….”

    18

    SPONSORED

    W.P.No.28115 of 2024 is filed seeking the following relief:

    “….to issue an appropriate Writ, Order or Direction, more
    particularly one in the nature of a Writ of Mandamus and set
    aside the proceedings issued the respondents to discontinue
    the services of the petitioners herein from 18.11.2024 and
    22.11.2024 onwards vide letters (1) No. APMDC/Pr. and
    C/LOA/OS/2024/945 dated 18.11.2024, (2) No. APMDC/M
    Pet/ HRD/OS/Stoppage of Service/1648/2024-25 dated
    18.11.2024, (3) No. APMDC/M Pet/ HRD/OS/Stoppage of
    Service/ 1679/ 2024-25 dated 21.11.2024, (4) No. APMDC/M
    Pet/ HRD/OS/ Stoppage of Service / 1678/2024-25 dated
    21.11.2024 (5) No. APMDC/ M Pet/ HRD/ OS/ Stoppage of
    Service/1647/2024-25 dated 18.11.2024 (6) No. APMDC/ M
    Pet/ HRD/OS/Stoppage of Service/1649/2024-25 dated
    18.11.2024, (7) No. APMDC/M Pet/HRD/OS/Stoppage of
    Service/1675/2024-25 dated 21.11.2024 and (8) No.
    APMDC/M Pet/HRD/OS/Stoppage of Service/ 1676/ 2024-25
    dated 21.11.2024, without any valid reasons as being
    arbitrary, illegal, unjust and violative of Articles 14, 16 and 21
    of the Constitution of India and human rights besides being
    violative of principles of rule of law and opposed to all
    principles of canons of norms of law and justice and contrary
    to the principles of law laid down by the Hon ble Apex Court
    and set aside the same and direct the respondents to continue
    the engagement of the petitioners by the respondent
    Corporation with all existing attendant and consequential
    benefits ….”

    19

    W.P.No.28948 of 2024 is filed seeking the following relief:

    “….to issue an order, direction, writ, more particularly Writ of
    Mandamus declaring the action of the respondents to
    discontinue the services of the petitioners herein from
    18.11.2024 and 22.11.2024 onwards vide letters (1)
    O.O.No.APMDC /HRD /TCOP /2024 /946, dated
    18.11.2024, dated 18.11.2024,(2) No.APMDC /Pr. and C
    /LOA /OS /2024 /945, dated 18.11.2024, (2) No.APMDC
    /Mpet /HRD /OS /Stoppage of Service /1648 /2024- 25,
    dated 18.11.2024, (3) No.APMDC /M pet /HRD /OS
    /Stoppage of Service /1679 /2024-25,dated21.11.2024(4)
    No.APMDC /Pr. /LO / / /OS /2024 /1037,dated
    20.11.2024, without any valid reasons as being arbitrary,
    illegal, unjust and violative of Articles 14, 16 and 21 of the
    Constitution of India and human rights besides being violative
    of principles of rule of law and opposed to all principles of
    cannons of norms of law and justice and contrary to the
    principles of law laid down by the Honble Apex Court and set
    aside the same and direct the respondents to continue the
    service of the petitioners by the respondent Corporation with
    all existing attendant and consequential benefits ….”

    W.P.No.33880 of 2025 is filed seeking the following relief:

    “….to issue a Writ or Order or Direction more particularly one
    in the nature of a Writ of MANDAMUS, declaring the action of
    the respondents to discontinue the services of the petitioners
    herein from 18.11.2024 and 22.11.2024 onwards vide letters
    No. No. (1)APMDC/PrC/LOA/OS/2024/945 dated 18.11.2024,
    20

    (2) APMDC/Pr.C/ LOA/ OS/2024/1037 dated 20.11.2024,
    (3)APMDC/Pr. C/ LOA/ OS/2024/1039 dated 20.11.2024 and
    (4) APMDC/MPet/HRD/OS/Stoppag e of Service/ 167/2024-

    25 dated 21.11.2024, without any valid reasons as being
    arbitrary, illegal, unjust and violative of Articles 14, 16 and 21
    of the Constitution of India and human rights besides being
    violative of principles of rule of law and opposed to all
    principles of canons of norms of law and justice and contrary
    to the principles of law laid down by the Honble Apex Court
    and set aside the same and direct the respondents to continue
    the engagement of the petitioners by the respondent
    Corporation with all existing attendant and consequential
    benefits ….”

    2. Heard Sri K.G.Krishna Murthy, learned Senior Counsel

    assisted by Sri K.Raghu Veer and Sri D.Linga Rao, learned

    counsels for the petitioners and learned Advocate General

    appearing for respondent Nos.1 to 4.

    3. As the issue involved in all the writ petitions is one and the

    same, this Court heard them jointly, and they are being disposed

    of by this common order, taking W.P.No.28948 of 2024 as a

    leading case.

    4. All the petitioners are outsourced employees engaged by

    the 2nd respondent – Andhra Pradesh Mineral Development

    Corporation Limited (for short, „the Corporation‟) through the
    21

    outsourced agencies for carrying out regular and perennial nature

    of duties in its head office and different sites/projects. Some of

    the petitioners are under the category of land losers/house loss

    and dependent family members of the deceased employees of

    the 2nd respondent-Corporation. Majority of the petitioners have

    been working in the 2nd respondent-Corporation for a period

    exceeding four years and 240 days in each calendar year. By

    virtue of settlement arrived at before the Assistant Labour

    Commissioner at Hyderabad under Section 12(3) of the Industrial

    Disputes Act, 1947, on 04.02.2022, the 2nd respondent-

    Corporation has extended equal pay for equal work to the

    outsourced personnel working in the head office and other

    branches along with the Mangampet Barytes Project,

    Chimakurthy Black Galaxy Granite Project etc., and equivalent

    designations applicable for regular employees were also

    extended vide 2nd respondent-Corporation‟s office proceedings

    dated 30.01.2023. As the petitioners recruited on outsourcing

    basis from the year 2019, they have been directed to be

    discontinued from 18.11.2024 and 22.11.2024 onwards without

    any valid reasons. Hence, the same is arbitrary, illegal and

    violation of Articles 14, 16 and 21 of the Constitution of India.
    22

    5. As the 2nd respondent-Corporation has required the

    manpower on outsourcing basis for different nature of jobs and

    works, it has engaged 772 persons. Engagement of personnel

    either directly or on outsourcing basis and extracting work on year

    to year basis in the head office, site offices and project sites

    indicates the perennial nature of work. New appointments on

    outsourcing and contract basis made during the year 2019

    onwards by recruiting 279 persons. Out of which, the 2nd

    respondent-Corporation sought to selectively discontinue the

    services of 123 persons, including the petitioners. Hence, the

    above action of the 2nd respondent is selective discrimination. In

    fact, as the 2nd respondent-Corporation sought to discontinue and

    disengage the services of some persons, they filed

    W.P.No.30648 of 2023, who were working at Mangampet Barytes

    Project, while continuing the other similarly situated persons, who

    were appointed subsequently and denial of continuation of

    services of the petitioners without any valid reason or justification,

    this Court vide order dated 29.11.2023 stayed the operation of

    the proceedings.

    6. It is further stated that discontinuation or dispensing with

    the services of the petitioners is not sustainable and that the
    23

    petitioners have rendered considerable services to the 2nd

    respondent-Corporation, which extends beyond 240 days in each

    calendar year. They have gained experience by virtue of their

    long standing nature. The work and the engagement of the

    petitioners and others are perennial in nature and they are

    discharging the duties on par with the regular employees and

    there are no allegations against the petitioners. Hence,

    discontinuation of the petitioners without any valid reason,

    effecting their livelihood, is an unfair labour practice. The 2nd

    respondent, being a Corporation under the Government, should

    be treated as State in terms of Article 12 of the Constitution of

    India and is duty bound to follow Part-III of the Constitution of

    India and particularly to comply with the provisions of Articles 14,

    16 and 21 of the Constitution of India. Hence, the present writ

    petitions are filed questioning the proceedings dated 18.11.2024

    of the 2nd respondent-Corporation and the consequential

    proceedings dated 21.11.2024 of the 4th respondent. Initially, the

    writ petitions were filed without impleading the contractual

    agencies i.e., respondent Nos.5 and 6 and subsequently, as per

    the directions of this Court dated 17.12.2024 they were

    impleaded as party respondents.

    24

    7. Reply to the above averments, the 2nd respondent has filed

    its counter on 12.12.2024. The writ petitions were filed assailing

    the discontinuation of services of the petitioners, who are

    outsourced employees, hired through outsourcing agencies and

    seeking to continue them in service as they are rendering service

    for more than 240 days in a year. The claim of the petitioners is

    baseless.

    8. The Andhra Pradesh Mineral Development Corporation

    (APMDC) was incorporated on 24.02.1961 and engaged in

    commercial exploitation of various minerals and plays a proactive

    role in exploitation of valuable mineral resources and in the

    development of mining infrastructure in the State of Andhra

    Pradesh. The cadre strength of the 2nd respondent-Corporation is

    531, while the total manpower engaged as on 01.05.2024 is

    1414. The manpower budget has increased abundantly and

    overheads have been loaded heavily compared to the capacity of

    workings, revenue and other factors. Hence, 2nd respondent-

    Corporation has taken a policy decision to downsize and

    restructure the Corporation. The 2nd respondent-Corporation has

    discontinued the manpower, who are in excess and such
    25

    manpower neither recruited in a proper manner of recruitment nor

    against any vacancy of the position in the Corporation.

    9. The specific case of the 2nd respondent-Corporation is that

    the removal of the employees is not with an intention to replace

    them with different persons, but only to downsize and restructure

    the Corporation. The method applied by the 2nd respondent-

    Corporation for this purpose is „last come first go‟ and therefore,

    the petitioners cannot plead any bias. The petitioners are not

    being replaced, but are only discontinued, as the 2nd respondent-

    Corporation does not require their services any longer. Further,

    the petitioners cannot plead any right over their employment. The

    petitioners ought to demonstrate how the writ petition is

    maintainable in the absence of violation of any right. Most of the

    outsourcing personnel are not appointed against approved cadre

    strength or vide recruitment process. The positions of

    outsourcing personnel are not perennial in nature. They worked

    for more than four years does not hold any significance, as they

    are outsourced employees, who cannot claim any vested right.

    Further, the claim of the petitioners that some of them are land

    losers and family members of the deceased employees of the 2nd

    respondent-Corporation is false. All the petitioners have joined
    26

    without any process of recruitment or against approved vacancy

    and in particular on outsourcing basis which does not carry any

    relationship between the petitioners and the 2nd respondent. As

    the 2nd respondent-Corporation has taken a policy decision for

    downsizing and restructuring the manpower strength of the

    Corporation, it has been working out the requirement of the exact

    manpower in all the working locations. Recent years about 300+

    employees have been engaged without requirement or without

    any clear job description and most of them are idle and do not

    have any job to operate. However, the 2nd respondent-

    Corporation has continued to pay them for all these years without

    any constructive work. As the 2nd respondent-Corporation is

    established under the Companies Act, 1956, it is purely a

    commercial organization and cannot unnecessarily waste its

    resources on unproductive and excess employment.

    10. Further, the 2nd respondent has filed an additional counter

    affidavit on 22.01.2025. The 2nd respondent-Corporation is duly

    registered under Section 7 of the Contract Labour (Regulation

    and Abolition) Act, 1970 (Act 37 of 1970) and all the outsourcing

    agencies with which the 2nd respondent-Corporation has duly

    entered into contracts for the engagement of workman or all the
    27

    licensed contractors under the provisions of Section 12 of the Act.

    In fact, in the light of the legal disputes that are being raised

    against termination/discontinuation, in order to have a detailed

    study on the excess manpower, the 2nd respondent-Corporation

    has engaged the services of Centre for Organization and

    Development, Hyderabad for the man power study of APMDC on

    13.12.2024. Further, the contention of reengagement of some of

    the other outsourced employees were replied stating that the 2nd

    respondent-Corporation has received instructions from Ministry of

    Mines, Government of Andhra Pradesh and CMO to deploy 6

    personnel and also received instructions from the Government to

    deploy 2 personnel to meet the works at Peshi of Principal

    Secretary to Government. Therefore, the 2nd respondent-

    Corporation has engaged the said personnel and as such, they

    are not working for the Corporation and their services are

    subjected to the time of the office of the Minister in power and

    even the expenditure towards their monthly wages will be posted

    to the Government for reimbursement in due course of time.

    Accordingly, they have also given particulars of the persons those

    who are disengaged and subsequently engaged only at the

    request of Hon‟ble Minister and the Principal Secretary to
    28

    Government and they were reengaged and placed at the disposal

    of Hon‟ble Minister and Principal Secretary‟s Peshi. Further, they

    have also filed the particulars of the persons those who are

    engaged under rehabilitation and resettlement scheme and they

    are being continued without any disturbance. Finally, they have

    mainly relied on the maintainability of the writ petition in respect of

    the claim of outsourced employees and there is no master and

    servant relationship between the State and the outsourced

    employees as all the petitioners were engaged through

    contractors i.e., newly impleaded respondent Nos.5 and 6.

    11. Based on the above pleadings, Sri K.G.Krishna Murthy,

    learned Senior Counsel leading the batch has made his

    submissions that there is discrimination in discharging/terminating

    the services of the petitioners without any valid ground. As all the

    petitioners were appointed in 2019 and 2021 and they have

    completed more than four years, they are entitled for continuation

    in the said post. When there are no allegations against the

    petitioners and they are working with utmost satisfaction of the 2nd

    respondent-Corporation, their services cannot be disengaged.

    Further, he also placed reliance on engagement of some other

    personnel who were appointed subsequent to the petitioners and
    29

    their services are being continued without considering the case of

    the petitioners which is nothing but selective discrimination.

    Though the petitioners were appointed through respondent Nos.5

    and 6 agencies, the fact remains that their salaries were being

    paid through the funds of the 2nd respondent-Corporation and

    also working for the benefit of the Corporation. Hence, there is

    an existence of master and servant relationship between the

    petitioners and the 2nd respondent as the petitioners are working

    for the benefit of the Corporation and also under the instructions

    of the authorities of the Corporation. Hence, there is a direct

    relationship of master and servant. Hence, the writ petitions are

    maintainable. In fact, on earlier occasion as some of the persons

    were terminated, they have approached this Court by filing

    W.P.No.30648 of 2023. As per the directions of this Court in the

    above referred orders, the services of the petitioners therein were

    continued. Hence, the present petitioners are also entitled for the

    same relief.

    12. Reply to the said contentions, learned Advocate General

    appearing on behalf of the Andhra Pradesh Mineral Development

    Corporation has made his submissions based on the averments

    made in the counter. He has taken an objection with regard to
    30

    maintainability of the writ petitions. He submitted that there is no

    irregularity or illegality in dispensing with the services of the

    petitioners. In fact, the cadre strength of the 2nd respondent-

    Corporation is about 531 against that there is a total manpower

    engaged as on 01.05.2024 is 1414. The same is beyond the

    requirement of the Corporation. When that being the factual

    situation, the Corporation has requested the Centre for

    Organisation and Development, Hyderabad for manpower study

    of APMDC. In fact, they have reviewed the entire situation and

    decided to downsize the manpower. Accordingly, they have

    decided to disengage the services of 123 persons. The same is

    in accordance with policy decision. In fact, while downsizing the

    manpower, the 2nd respondent-Corporation has strictly followed

    the method of „last come first go‟. Though there are vague

    allegations made by the petitioners, the respondents have strictly

    followed the said principle while disengaging. No doubt, as

    contended by the petitioners, the 2nd respondent-Corporation has

    reengaged only eight persons i.e., 2 Drivers, 2 Senior Assistants,

    2 Office Subordinates and 1 DPO and 1 AM. The said

    engagements are at the request of Hon‟ble Minister, CMO and

    Principal Secretary‟s Peshi. Accordingly, they were engaged and
    31

    sent to the respective places at their request. The said

    engagement is purely co-terminus. Further, the expenditure

    towards their monthly salaries will be reimbursed from the

    concerned Secretariat. In the said circumstances, the petitioners

    cannot said that the 2nd respondent-Corporation has not followed

    „last come first go‟ principle. Even according to the admitted

    facts, based on the affidavit as well as the counter, it clearly

    discloses that all the petitioners were engaged and working

    against the non-existing cadre strength.

    13. Further, he mainly contended that all the petitioners were

    engaged by respondent Nos.5 and 6 agencies. In fact, the 2nd

    respondent-Corporation has entered into a specific agreement

    with respondent Nos.5 and 6 and as the same was placed as a

    part of record along with the counter. He also contended that the

    2nd respondent has not issued any termination/ disengagement

    orders, which clearly established by the impugned proceedings

    dated 18.11.2024, requesting all the Chief Project Officers,

    Mangampet Barytes Project, Mangampet to stop the services of

    the personnel and submit compliance report. Further, the

    consequential orders also clearly disclose that the Managing

    Director and also Chief Executive Officers were requested the
    32

    concerned contracting agencies to stop the services of the

    personnel. Hence, there are no direct orders dispensing with the

    services of the petitioners by the 2nd respondent or the 4th

    respondent. That itself clearly indicates that there is no direct

    relationship of employer and employee/master and servant

    relationship between respondent Nos.2 and 4 and the petitioners.

    Hence, the petitioners are not able to place any material to show

    that there is a direct master and servant relationship between

    respondent Nos.2 and 4 and the petitioners.

    14. In fact, the learned Advocate General has placed reliance

    on the orders passed by the Division Bench of this Court in

    W.A.No.310 of 2024 and batch, wherein the facts are identical

    and similar. Even in the said batch the services of the petitioners

    were engaged by the contractor and working under the

    APEPDCL as shift operators. In fact, in the said batch of writ

    appeals, the very contention of the petitioners was that as some

    of the petitioners were disengaged, they approached this Court

    and this Court has given directions to continue their services.

    Hence, all the petitioners in the above said batch were also

    entitled for the same relief. In the said batch the point for

    consideration is that whether is there any relationship of employer
    33

    and employee between the petitioners and the writ appellants and

    whether non-regularization of their services by the writ appellants

    is unfair labour practice? In the said batch of writ appeals, the

    Division Bench has considered the aspect based on the

    observations made by the Hon‟ble Apex Court in State of

    Karnataka v. Umadevi1, State of Karnataka v. M.L.Kesari2 and

    R.K.Panda v. Steel Authority of India3.

    15. No doubt, in Umadevi‟s case (supra 1), the Hon‟ble Apex

    Court has held that the initial appointment must be done by the

    competent authority and they must be working against a

    sanctioned post.

    16. In the instant case, admittedly, no process of selection was

    undertaken and all the petitioners were appointed against non-

    existing vacancies and contrary to the cadre strength.

    17. In M.L.Kesari‟s case (supra 2), the Hon‟ble Apex Court has

    observed that the State Government or its instrumentality should

    have employed the employee and continued him in service

    voluntarily and continuously without any assistance of Court

    1
    (2006) 4 SCC 1
    2
    (2010) 9 SCC 247
    3
    1994 (5) SCC 304
    34

    orders. Where the appointments are not made or continued

    against a non-sanctioned post, the said appointment should be

    treated as illegal appointments and where the appointments are

    made in a sanctioned post without undergoing the process of

    selection, the said appointments are to be treated as irregular.

    18. In R.K.Panda‟s case (supra 3), the Hon‟ble Apex Court

    held as under:

    “7. It is true that with the passage of time and purely with a
    view to safeguard the interests of workers, many principal
    employers while renewing the contracts have been insisting
    that the contractor or the new contractor retains the old
    employees. In fact such a condition is incorporated in the
    contract itself. However, such a clause in the contract which is
    benevolently inserted in the contract to protect the continuance
    of the source of livelihood of the contract labour cannot by
    itself give rise to a right to regularisation in the employment of
    the principal employer. Whether the contract labourers have
    become the employees of the principal employer in
    course of time and whether the engagement and
    employment of labourers through a contractor is a mere
    camouflage and a smokescreen, as has been urged in this
    case, is a question of fact and has to be established by
    the contract labourers on the basis of the requisite
    material. It is not possible for the High Court or this Court,
    while exercising writ jurisdiction or jurisdiction under
    Article 136 to decide such questions, only on the basis of
    35

    the affidavits. It need not be pointed out that in all such
    cases, the labourers are initially employed and engaged by the
    contractors. As such at what point of time a direct link is
    established between the contract labourers and the
    principal employer, eliminating the contractor from the
    scene, is a matter which has to be established on material
    produced before the court. Normally, the Labour Court
    and the Industrial Tribunal, under the Industrial Disputes
    Act
    are the competent fora to adjudicate such disputes on
    the basis of the oral and documentary evidence produced
    before them.”

    19. By referring the above observations of the Hon‟ble Apex

    Court, finally, the Division Bench at paragraph Nos.53, 55, 58 and

    59 held as under:

    “53. In our view, the question whether there is relationship of
    employer and employee between the writ appellant and the
    writ petitioners is a question of fact and for applying the
    judgment in the case of Suresh (supra), there should be a
    specific finding of said fact, may be after lifting of veil or
    piercing the veil. To record the finding, the material would be
    required, the evidence would be required and it will also have
    to be seen, whether the writ appellant was a licenced principal
    employer under the Contract Labour (Regulation and
    Abolition) Act
    , and the contractor(s), as named in the writ
    petitions, was a licenced contractor, as also whether there was
    any genuine contract system prevailing at the relevant point of
    time or not. Whether the contract labourers became
    employees of the principal employer in course of time and
    36

    whether the engagement and employment through contractor
    was a mere camouflage and required to be established on the
    basis of requisite material.

    55. There is also nothing to show that in spite of there being
    sanctioned posts, the services of the writ petitioners were not
    being regularized or that the writ petitioners were engaged
    against the sanctioned posts though it was the writ petitioners‟
    case that they were engaged against sanctioned posts, but the
    same was denied by the writ appellant. So, if there were no
    sanctioned posts for regularization, non-regularization would
    not amount to unfair trade practice.

    58. So far as the maintainability of the writ petition is
    concerned when the determination of the lis, is dependent on
    question of facts, being involved, as in the present case,
    whether there was relationship of employer and employee
    between the writ petitioners and the writ appellants, on which
    there was no finding by Industrial Court or Labour Court as
    was the case of Suresh (supra) which had arisen from
    adjudication by the Industrial Tribunal, in our view, the writ
    petition would not be the appropriate remedy to be
    approached directly and particularly when the Labour Court /
    Industrial Tribunal have jurisdiction to consider and grant such
    relief, on determination of relevant factual aspects based on
    material/evidence before those Courts/Tribunals.

    59. In view of the aforesaid discussion, our conclusions are:

    (i) As per both the judgments in Suresh (supra) or/and
    Umadevi (supra), there must be relationship of employer
    and employee.
    In Umadevi (supra), the appointment was
    37

    by employer, might have been irregular and in Suresh
    (supra) there was a finding by the Industrial Tribunal that
    there was relationship of employer and employee between
    the workmen and based on such finding the High Court had
    decided the writ petition under Article 226 of the Constitution
    of India. In the present case, any such finding by the
    Labour Court / Industrial Tribunal is lacking.

    (ii) In the absence of any finding on the aspect of the
    relationship of the employer and employee between the
    writ appellants and the writ petitioners, the direction for
    regularization is unsustainable.

    (iii) The question whether there is relationship of employer
    and employee between the writ appellants and the writ
    petitioners is a question of fact. To record the finding, the
    material would be required. The evidence would be
    required. It will also have to be seen whether the writ
    appellant is a licenced principal employer and the
    contractor, as named in the writ petitions, was a licenced
    contractor. It will also have to be seen whether there was
    any genuine contract system prevailing at the relevant
    point of time or not, and whether the contract labourers
    became employees of the principal employer in course of
    time and whether the engagement and employment
    through contractor was a mere camouflage. All this is
    required to be established on the basis of requisite
    material, may be after lifting of veil or piercing the veil.

    (vii) The writ petition under Article 226 of the Constitution of
    India is not the appropriate remedy to be approached
    directly in such matters seeking regularization, and
    38

    particularly, when the Labour Court / Industrial Tribunal
    have got the jurisdiction to consider such aspect and on
    the determination of the relevant factual aspects based
    on material they have jurisdiction to pass appropriate
    orders for regularization.”

    20. Considering the rival submissions, this Court finds that the

    facts are not much in dispute. Though the learned Senior

    Counsel appearing on behalf of the petitioners has contended

    that dispensing/terminating the services of the petitioners was

    without having any valid reasons and also alleged selective

    discrimination, he was unable to place any material on record in

    support of the plea of selective discrimination. Though additional

    material papers filed by the petitioners contending that the

    services of certain persons, who were engaged subsequent to

    them, were reengaged, the said contention was replied with

    supporting evidence by the 2nd respondent in its additional

    counter affidavit. In the said circumstances, this Court is of the

    opinion that there was no selective discrimination and the

    engagement of the subsequent appointees was based on the

    requests made by the Minister and the CMO which was purely

    co-terminus in nature based on administrative necessities.

    Hence, the same cannot be construed as selective discrimination.
    39

    21. As far as the issue of maintainability of the writ petitions

    raised by the learned Advocate General is well considered by the

    Division Bench in an identical matter. In fact in R.K.Panda‟s case

    (supra 3) in the above referred paragraph, the Hon‟ble Apex

    Court clearly held that whether the contract labourers have

    become the employees of the principal employer in course of time

    and whether the engagement and employment of labourers

    through a contractor is a mere camouflage and a smokescreen,

    are questions of fact. But, the question of fact has to be

    established by the contract labourers on the basis of the requisite

    material. It is not possible for the High Court to decide such

    questions only on the basis of the affidavits. It was clearly held

    that direct link is established between the contract labourers and

    the principal employer, eliminating the contractor. Normally, the

    Labour Court and the Industrial Tribunal, under the Industrial

    Disputes Act are the competent for adjudication. Finally, the

    Division Bench, after taking into consideration all the relevant law,

    held that determination of the lis is dependent on question of

    facts, being involved, in the case, particularly with regard to

    relationship of employer and employee between the petitioners

    and the respondents. Consequently, it was held that a writ
    40

    petition would not be an appropriate remedy to be approached

    directly.

    22. In fact, this Court, following the above referred judgment,

    has also disposed of an identical matter in W.P.No.4351 of 2026

    holding that the shift operators working under the contractor do

    not have any direct employer and employee relationship with the

    Corporation.

    23. Considering the observations made by the Hon‟ble Apex

    Court in the above referred judgment and considering the facts

    and law, this Court is of the opinion that admittedly, all the

    petitioners were appointed against the non-existing posts and the

    2nd respondent-Corporation being a commercial entity has taken

    a decision to resize their structure and disengage the employees

    working on contract basis. In view of the observations made by

    the Hon‟ble Apex Court and also the Division Bench in the above

    referred judgments, the petitioners failed to produce any material

    to substantiate or establish the direct nexus with respondent

    Nos.2 and 4. As the petitioners were engaged by the contractor

    and the impugned orders were also given directing the contractor

    to disengage the services of the petitioners, this Court is of the
    41

    opinion that there is no direct relationship of employer and

    employee. Hence, it holds that the writ petitions are not

    maintainable. The only remedy available to the petitioners is to

    approach the concerned Industrial Tribunal or Labour Court to

    determine the relevant questions of fact on the basis of the

    material and evidence produced before it.

    24. Accordingly, all the Writ Petitions are dismissed as not

    maintainable. The interim order granted on 02.12.2024 in

    W.P.No.28115 of 2024 stands vacated. There shall be no order

    as to costs.

    As a sequel, miscellaneous petitions pending, if any, shall

    stand closed.

    _______________________
    JUSTICE D.RAMESH

    Date: 09.07.2026
    Ivd

    Whether the order is:

    Speaking        No      Reasoned         Yes
    Reportable      No      Non-reportable   Yes
                                  42
    
    
    
    
             THE HONOURABLE SRI JUSTICE D.RAMESH
    
    
    
    
    

    WRIT PETITION Nos.4786, 28115 & 28948 of 2024 and
    33880 of 2025

    Dated: 09.07.2026

    Ivd



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