Kowluri Bala Subramanyam Reddy vs State Of on 1 May, 2026

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    Andhra Pradesh High Court – Amravati

    Kowluri Bala Subramanyam Reddy vs State Of on 1 May, 2026

    APHC010288312021
    
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                 [3458]
                              (Special Original Jurisdiction)
    
                        FRIDAY, THE FIRST DAY OF MAY
                       TWO THOUSAND AND TWENTY SIX
                                  PRESENT
          THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
               WRIT PETITION NOS: 17629 OF 2021 & 19826 OF 2020
    WRIT PETITION NO: 17629 OF 2021
    Between:
      1. KOWLURI     BALA    SUBRAMANYAM               REDDY,,     S/O.
         K.LAKSHMIKARREDDY, AGED 35 YEARS.
      2. PARLA SRINIVASULU,, S/O. P.YANADAIAH, AGED 41 YEARS.
      3. KAMBHAMPATI SUDARSAN,, S/O. K.NARASIMHULU, AGED 34
         YEARS.
      4. MUDE DEVADAS NAIK,, S/O. M. PEDDANNA NAIK, AGED 45
         YEARS.
      5. VESAM VENKATA SUBBA REDDY,, S/O. V. RAGHURAMI REDDY,
         AGED 32YEARS.
      6. DASARI VENKATESH,, S/O. D. THULASAIAH, AGED 46 YEARS.
      7. KUNCHAN SUBRAMANYAM,, S/O. K. NAGAMANAIAH, AGED 34
         YEARS.
      8. CHENEPALLI       NAGARAJU,,   S/O.   C.   SUBRAMANYAM,   AGED
         31YEARS.
      9. POGILI RAJA REDDY,, S/O. P. SUBBARAMI REDDY, AGED 34
         YEARS.
      10. CHANDRAGIRI NARASIMHULU,, S/O. C. PENCHALAIAH, AGED 34
          YEARS.
      11. THALLAM PURUSHOTHAM REDDY,, S/O. T. VENKATA REDDY,
          AGED 36YEARS.
      12. DASARI CHALAPATHI,, S/O. D. SUBBAIAH, AGED 44 YEARS.
                                  2
    
    
    13. GUNISETTI VASANTHA KUMARI,, D/O. G. RAMA SUBBAIAH,
        AGED 48 YEARS.
    14. PASUPULATI SUBRAMANYAM,, S/O. P. SUBBA RAMAIAH, AGED
        34 YEARS.
    15. MINUKU VENKATA NARASIMHULU,, S/O. M. NARASIMHULU,
        AGED 32 YEARS.
    16. VESAM VENKATA RAMANA REDDY,, S/O. V. JAYARAMI REDDY,
        AGED 34 YEARS.
    17. BASINENI SUBHASHINI,, D/O. B. RAMAIAH, AGED 31 YEARS.
    18. PULLAGANTI BALA SUBRAMANYAM,,         S/O.   P.     VENKATA
        SUBBAIAH, AGED 31 YEARS.
    19. GALLA LAKSHMANA KUMAR,, S/O. G. VENKATA SUBBAIAH,
        AGED 38 YEARS.
    20. AVULA NETTIKANTAIAH,, S/O. A. NAGAPPA, AGED 32 YEARS.
    21. VESAM RAMA CHANDRA REDDY,, S/O. V. VENKATA SUBBA
        REDDY, AGED 54 YEARS.
    22. KONETI VEERA SWAMY,, S/O. K. BALA SUNKANNA, AGED 32
        YEARS.
    23. SHAIK SALEEM,, S/O. S. BASHA SAHEEB, AGED 41 YEARS.
    24. MODI SIVAIAH,, S/O. M. SUBBARAYUDU, AGED 34 YEARS.
    25. MODI SUBRAMANYAM,, S/O. M. SUBBARAYUDU, AGED 31
        YEARS.
    26. MADAGALAM RAJAIAH,, S/O. M. PERUMAL, AGED 48 YEARS.
    27. SHOWDAVARAM SURESH BABU,, S/O. S. SUBBAIAH, AGED 41
        YEARS.
    28. HASANAPURAM SUBBARAYUDU,, S/O. H. NAGAIAH, AGED 44
        YEARS.
    29. GALLA GIRIDHAR,, S/O. G. SESHADRI, AGED 31 YEARS.
    30. GALLA DHANUNJAYA,, S/O. G. SUBBARAMAIAH, AGED 35 YEARS.
    31. PENUGONDA KODANDA RAMUDU,, S/O. P. RAMUDU, AGED 36
        YEARS.
    32. PALLATI INDIRA KIRAN KUMARI,, D/O. P. LAKSHMI KULASEKHAR,
        AGED 41 YEARS.
                                   3
    
    
    33. KARUMANCHI PUSHPALATHA,, D/O. K. NARASIMHULU, AGED 34
        YEARS.
    34. POGILI CHANDRAKALA,, D/O. P. VENKATA REDDY, AGED 34
        YEARS.
    35. SUREPALLI CHINNA REDDAMMA,, D/O. S. PENCHALAIAH, AGED
        34 YEARS.
    36. SINGIRI VIJAYA,, D/O. S. NARAYANA, AGED 35 YEARS.
    37. GANTA SUBBA RAYUDU,, S/O. G. RAMAIAH, AGED 34 YEARS.
    38. LAVURI THULASI,, D/O. L. DAMODARAM, AGED 32 YEARS.
    39. B. CHANDRA SEKHAR,, S/O. B. JAYA RAMAIAH, AGED 31 YEARS.
    40. GUNDRATHI ANIL KUMAR,, S/O. G. ADINARAYANA, AGED 37
        YEARS.
    41. CHENI NARESH,, S/O. C. LAKSHMI NARAYANA, AGED 33 YEARS.
    42. GUNIPATI LAKSHMIKANTH,, S/O. G. SUBRAMANYAM, AGED 34
        YEARS.
    43. GALLA SYAMALA,, S/O. G. VENAKATA RAMANA, AGED 38 YEARS.
    44. GRANDHE CHANDRA SEKHAR,, S/O. G. NARAYANA, AGED 43
        YEARS.
    45. PASALA NARASIMHULU,, S/O. P. RAMAIAH, AGED 41 YEARS.
    46. HANUMANTHU NAGA RAJA,, S/O. H. ESWARAIAH, AGED 41
        YEARS.
    47. BATHALA HARI,, S/O. B. SUBBANNA, AGED 31 YEARS.
    48. KOTARU PRATHIBHA,, D/O. K. CHANCHAIAH, AGED 34 YEARS.
    49. NOSINA NARASIMHULU,, S/O. N. PENCHALAIAH, AGED 39
        YEARS.
    50. KUPPALA MUNI CHANDRA,, S/O. K. JAGANADHAM, AGED 54
        YEARS.
    51. CHINTHAGINJALA SUBRAMANYAM,, S/O. C. RAMANAIAH, AGED
        40 YEARS.
    52. BATTALA SIVA KUMAR,, S/O. B. NAGA RAJU, AGED 36 YEARS.
    53. KUPPALA GOWRI DEVI,, D/O. K. CHINNA BODAIAH, AGED 48
        YEARS.
                                       4
    
    
      54. MODAITHAPU NARESH,, S/O. M. CHALAPATHI, AGED 29 YEARS.
      55. PASUPULATI SURESH BABU,, S/O. P. PENCHALAIAH, AGED 36
          YEARS.
      56. GALLA NAGARAJU,, S/O. G. CHANDRA, AGED 33 YEARS.
      57. LINGAM MOHAN,, S/O. L. NARASIMHULU, AGED 37 YEARS.
      58. KOWLURI MALLIKARJUNA REDDY,, S/O. K. TIRUMALA REDDY,
          AGED 54 YEARS.
      59. GALLA DILEEP,, S/O. G. NARAYANA, AGED 32 YEARS.
      60. LINGAM SUBRAMANYAM,, S/O. L. CHINNA SUBBARAYUDU, AGED
          36 YEARS.
      61. POKURU MURALI,, S/O. P. SUBRAMANYAM, AGED 44 YEARS.
      62. GURASALA DINESH,, S/O. G. RANGAIAH, AGED 33 YEARS.
      63. BANKAPURI SIVA ANIL KUMAR,, S/O. B. KOTESWARA RAO, AGED
          31 YEARS.
      64. NARADASU MANIKANTA,, S/O. N. RAMA CHANDRAIAH, AGED 31
          YEARS.
      65. KUNTUR HARI BABU,, S/O. K. SREENIVASULU, AGED 35 YEARS.
      66. PULLAGANTI ARUNA,, D/O. P. SUBBARAMAIAH, AGED 35 YEARS.
          (ALL ARE FOR THE SERVICES, NOTICES ETC. KOWLURI BALA
          SUBRAMANYAM REDDY, S/O. K.LAKSHMIKAR REDDY, AGED 35
          YEARS,   AYYAPUREDDY      PALLI  VILLAGE,  MANGAMPET,
          OBULAVARIPALLI MANDAL, KADAPA DISTRICT)
                                                    ...PETITIONER(S)
                                     AND
      1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
         SECRETARY,   INDUSTRIES AND COMMERCE DEPARTMENT,
         SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT.
      2. THE AP MINERAL DEVELOPMENT CORPORATION, REP BY ITS
         VICE CHAIRMAN AND MANAGING DIRECTOR, D.NO. 294/1D, 100
         FEET ROAD, KANURU, VIJAYAWADA
                                                  ...RESPONDENT(S):

    Counsel for the Petitioner(S):

    1. G V SHIVAJI
    5

    Counsel for the Respondent(S):

    1. V R N PRASHANTH

    2. N JEEVAN KUMAR

    3. GP FOR SERVICES II
    WRIT PETITION NO: 19826/2020
    Between:

    1. ANDHRA PRADESH MINERAL DEVELOPMENT CORPORATION
    LTD.,, THROUGH SRI K. RAMA CHANDRA REDDY, DGM (A.P.
    MINING CORPORATION), S/O. LATE K. KONDA REDDY, AGED 59
    YEARS, 294/1D 100 FEET ROAD TADIGADAPA, ENIKEPADU ROAD
    KANURU VILLAGE, PENAMALURU MANDAL, VIJAYAWADA-

    521137, AP.

    SPONSORED

    …PETITIONER
    AND

    1. APDMC EMPLOYEES UNION, THROUGH K. BALASUBRAMANYAM
    REDDY APMDC LTD MANGAMPET BARYTES PROJECT
    RAILWAY KODUR, MANGAMPET KADAPA DISTRICT, AR

    2. KOWLURI BALA SUBRAMANYAM REDDY, S/O. K.LAKSHMIKAR
    REDDY, AGED 35 YEARS,

    3. PARLA SRINIVASULU, S/O. P.YANADAIAH, AGED 41 YEARS.

    4. KAMBHAMPATI SUDARSAN, S/O. K.NARASIMHULU, AGED 34
    YEARS.

    5. MUDE DEVADAS NAIK, S/O. M. PEDDANNA NAIK, AGED 45
    YEARS.

    6. VESAM VENKATA SUBBA REDDY, S/O. V. RAGHURAMI REDDY,
    AGED 32YEARS.

    7. DASARI VENKATESH, S/O. D. THULASAIAH, AGED 46 YEARS.

    8. KUNCHAN SUBRAMANYAM, S/O. K. NAGAMANAIAH, AGED 34
    YEARS.

    9. CHENEPALLI NAGARAJU, S/O. C. SUBRAMANYAM, AGED
    31YEARS.

    10. POGILI RAJA REDDY, S/O. P. SUBBARAMI REDDY, AGED 34
    YEARS.

    6

    11. CHANDRAGIRI NARASIMHULU, S/O. C. PENCHALAIAH, AGED 34
    YEARS.

    12. THALLAM PURUSHOTHAM REDDY, S/O. T. VENKATA REDDY,
    AGED 36YEARS.

    13. DASARI CHALAPATHI, S/O. D. SUBBAIAH, AGED 44 YEARS.

    14. GUNISETTI VASANTHA KUMARI, D/O. G. RAMA SUBBAIAH,
    AGED 48 YEARS

    15. PASUPULATI SUBRAMANYAM, S/O. P. SUBBA RAMAIAH,
    AGED 34 YEARS.

    16. MINUKU VENKATA NARASIMHULU, S/O. M. NARASIMHULU,
    AGED 32 YEARS.

    17. VESAM VENKATA RAMANA REDDY, S/O. V. JAYARAMI REDDY,
    AGED 34 YEARS.

    18. BASINENI SUBHASHINI, D/O. B. RAMAIAH, AGED 31 YEARS.

    19. PULLAGANTI BALA SUBRAMANYAM, S/O. P. VENKATA
    SUBBAIAH, AGED 31 YEARS.

    20. GALLA LAKSHMANA KUMAR, S/O. G. VENKATA SUBBAIAH, AGED
    38 YEARS.

    21. AVULA NETTIKANTAIAH, S/O. A. NAGAPPA, AGED 32 YEARS.

    22. VESAM RAMA CHANDRA REDDY, S/O. V. VENKATA SUBBA
    REDDY, AGED 54 YEARS.

    23. SHAIK SALEEM, S/O. S. BASHA SAHEEB, AGED 41 YEARS.

    24. MODI SIVAIAH, S/O. M. SUBBARAYUDU, AGED 34 YEARS.

    25. MODI SUBRAMANYAM, S/O. M. SUBBARAYUDU, AGED 31 YEARS.

    26. MADAGALAM RAJAIAH, S/O. M. PERUMAL, AGED 48 YEARS.

    27. SHOWDAVARAM SURESH BABU, S/O. S. SUBBAIAH, AGED 41
    YEARS.

    28. HASANAPURAM SUBBARAYUDU, S/O. H. NAGAIAH, AGED 44
    YEARS

    29. GALLA GIRIDHAR, S/O. G. SESHADRI, AGED 31 YEARS.

    30. GALLA DHANUNJAYA, S/O. G. SUBBARAMAIAH, AGED 35 YEARS.

    31. PENUGONDA KODANDA RAMUDU, S/O. P. RAMUDU, AGED 36
    7

    YEARS.

    32. PALLATI INDIRA KIRAN KUMARI, D/O. P. LAKSHMI KULASEKHAR,
    AGED 41 YEARS.

    33. KARUMANCHI PUSHPALATHA, D/O. K. NARASIMHULU, AGED 34
    YEARS.

    34. POGILI CHANDRAKALA, D/O. P. VENKATA REDDY, AGED 34
    YEARS.

    35. SUREPALLI CHINNA REDDAMMA, D/O. S. PENCHALAIAH,
    AGED 34 YEARS.

    36. SINGIRI VIJAYA, D/O. S. NARAYANA, AGED 35 YEARS.

    37. GANTA SUBBA RAYUDU, S/O. G. RAMAIAH, AGED 34 YEARS.

    38. LAVURI THUIASI, D/O. L. DAMODARAM, AGED 32 YEARS.

    39. B CHANDRA SEKHARRAYALU, S/O. B. JAYA RAMAIAH, AGED 31
    YEARS.

    40. GUNDRATHI ANIL KUMAR, S/O. G. ADINARAYANA, AGED 37
    YEARS.

    41. CHENI NARESH, S/O. C. LAKSHMI NARAYANA, AGED 33 YEARS.

    42. GUNIPATI LAKSHMIKANTH, S/O. G. SUBRAMANYAM, AGED 34
    YEARS.

    43. GALLA SYAMALA, S/O. G. VENAKATA RAMANA, AGED 38 YEARS.

    44. GRANDHE CHANDRA SEKHAR, S/O. G. NARAYANA, AGED 43
    YEARS.

    45. PASALA NARASIMHULU, S/O. P. RAMAIAH, AGED 41 YEARS.

    46. HANUMANTHU NAGA RAJA, S/O. H. ESWARAIAH, AGED 41
    YEARS.

    47. BATHALA HARI, S/O. B. SUBBANNA, AGED 31 YEARS.

    48. KOTARU PRATHIBHA, D/O. K. CHANCHAIAH, AGED 34 YEARS.

    49. NOSINA NARASIMHULU, S/O. N. PENCHALAIAH, AGED 39 YEARS.

    50. KUPPALA MUNI CHANDRA, S/O. K. JAGANADHAM, AGED 54
    YEARS.

    51. CHINTHAGINJALA SUBRAMANYAM, S/O. C. RAMANAIAH, AGED
    40 YEARS.

    8

    52. BATTALA SIVA KUMAR, S/O. B. NAGA RAJU, AGED 36 YEARS.

    53. KUPPALA GOWRI DEVI, D/O. K. CHINNA BODAIAH, AGED 48
    YEARS.

    54. MADITHAPU NARESH, S/O. M. CHALAPATHI, AGED 31 YEARS.

    55. PASUPULATI SURESH BABU, S/O. P. PENCHALAIAH, AGED 36
    YEARS.

    56. GALLA NAGARAJU, S/O. G. CHANDRA, AGED 33 YEARS.

    57. LINGAM MOHAN, S/O. L. NARASIMHULU, AGED 37 YEARS.

    58. KOWLURI MALLIKARJUNA REDDY, S/O. K. TIRUMALA REDDY,
    AGED 54 YEARS

    59. GALLA DILEEP, S/O. G. NARAYANA, AGED 32 YEARS.

    60. LINGAM SUBRAMANYAM, S/O. L. CHINNA SUBBARAYUDU, AGED
    36 YEARS.

    61. BANKAPURI SIVA ANIL KUMAR, S/O. B. KOTESWARA RAO, AGED
    31 YEARS.

    62. PULLAGANTI ARUNA, D/O. P. SUBBARAMAIAH, AGED 35 YEARS.

    63. KUNTUR HARI BABU, S/O. K. SREENIVASULU, AGED 35 YEARS.
    (ALL ARE FOR THE SERVICES, NOTICES ETC. KOWLURI BALA
    SUBRAMANYAM REDDY, S/O. K.LAKSHMIKAR REDDY, AGED 35
    YEARS, AYYAPUREDDY PALLI VILLAGE, MANGAMPET,
    OBULAVARIPALLI MANDAL, KADAPA DISTRICT.)
    RESPONDENT NOS.2 TO 63 IMPLEADED AS PER COURT ORDER
    DATED 03.12.2025 VIDE IA.NO.1 OF 2022 IN WP.NO.19826 OF
    2020.

    …RESPONDENT(S):

    Counsel for the Petitioner:

    1. V R N PRASHANTH
    Counsel for the Respondent(S):

    1. G V SHIVAJI

    2. N JEEVAN KUMAR

    3. GP FOR SERVICES II
    9

    The Court made the following common order:

    Heard Sri G.V.Shivaji, learned counsel for the petitioners in

    W.P.No.17629 of 2021 and learned counsel for respondent Nos.2 to 63 in

    W.P.No.19826 of 2020, learned Assistant Government Pleader for Services II

    and Sri N.Jeevan Kumar, learned Standing Counsel for APMDC appearing for

    the respondents.

    2. The instant writ petition in W.P.No.17629 of 2021 is filed challenging the

    action of the 2nd respondent in failing to regularise the services of the

    members of the petitioner Union despite the Central Industrial Tribunal-cum-

    Labour Court award in I.D.No.9 of 2012, and further challenges the action of

    the respondents in continuing to employ the petitioners as trainees without

    regularising their services. The petitioners have sought a consequential

    direction to regularise the service of the petitioners with all consequential

    benefits, with effect from the award passed in I.D.No.9 of 2012 dated

    23.07.2019.

    3. It is contended that the lands of the petitioners were acquired for

    establishment of AP Mineral Development Corporation. In terms of the

    G.O.Ms.No.98 dated 15.04.1986, the petitioners were given an assurance for

    providing employment under the category of displaced persons.

    4. It is contended that in terms of the said G.O. the petitioners were

    appointed as trainees in the year 2008. The respective qualifications of the
    10

    members of the petitioner’s Union (hereinafter referred to as “workmen”)

    range between graduation in Engineering to SSC. Since the said date of initial

    appointment, the workmen have been rendering their duties as Trainees.

    Despite working for a longer period, the respondents still consider the

    petitioners as trainees and pay them nominal salaries. Despite the completion

    of the minimum period of 240 days under Section 25B of the Industrial

    Disputes Act, 1947 (hereinafter referred to as ‘the Act’), their services were not

    regularized. In this regard, the Management and the representatives of the

    workmen entered into an agreement in the presence of the Assistant Labour

    Commissioner under Section 12(3) of the Act dated 05.04.1998. As per the

    said agreement, the Management was under an obligation to regularize the

    services of the trainees who had completed 240 days of training. Despite the

    said arrangement, as the Management did not take any measures to

    regularize the services, the petitioners’ Union filed an Industrial Dispute. As

    the said dispute was not referred to the Industrial Tribunal, the petitioners

    Union filed a writ petition in W.P.No.4061 of 2012. The said writ petition was

    disposed of directing the respondents therein to take necessary steps for

    referring the matter to the Industrial Tribunal for adjudication. As per the said

    directions, the Central Government referred the dispute to the Central

    Industrial Tribunal-cum-Labour Court.

    5. In pursuance of the said directions, the petitioners have filed their claim

    statement before the Tribunal. The same was numbered as I.D.No.9 of 2012.

    The Tribunal, after hearing the respondents, disposed of the I.D.No.9 of 2012
    11

    vide award dated 23.07.2019, observing that the services of the petitioners

    Union are required to be regularized providing equal pay for equal work.

    Accordingly, answered the Reference observing that action of the

    respondent’s Corporation in not regularizing the services of the members of

    the petitioner’s Union is not justified.

    6. It is contended that despite the said award, the respondents have not

    passed any order regularizing the services of the workmen. Thus the

    petitioners have approached this Court by way of writ petition in

    W.P.No.17629 of 2021. The Corporation also filed another writ petition in

    W.P.No.19826 of 2020 challenging the award of the Tribunal.

    7. The learned counsel for the petitioners contends that vide

    G.O.Ms.No.98 dated 15.04.1986 a scheme has been brought into effect

    wherein employment for displaced persons was granted, though initially on

    temporary basis, it provides for regularisation. Despite long years of service

    more than 15 years, the workmen are being continued on temporary status. It

    is further contended that on the basis of an award passed by the same

    Tribunal in I.D.No.1 of 2022 the services of similarly situated persons were

    regularised. It is contended that the petitioners have approached the

    Government as well as the Corporation seeking implementation of the order of

    Tribunal. The Government has taken a decision to implement the order of the

    Tribunal. However, no orders were passed in the said regard.
    12

    8. The learned counsel for the petitioner placing reliance of the Judgment

    of Hon’ble Apex Court in the case of Dharam Singh and others vs. State of

    U.P.1 and the Judgment of Hon’ble Apex Court in the case of Vinod Kumar

    and others vs. Union of India and others2 contends that the petitioners are

    entitled for regularization.

    9. It is contended by the petitioners that they have been working against

    regular vacancies and their long years of service reflect the perennial nature

    of their duties.

    10. Sri N.Jeevan Kumar, learned counsel appearing for the respondents

    would contend that the members of the petitioners’ Union were appointed as

    long back as 15 years as trainees. Their services are still considered as

    trainees.

    11. The learned counsel appearing for the respondent-Corporation submits

    that the petitioners were not regular employees of their Corporation. As they

    were appointed temporarily as trainees, their services cannot be regularised.

    12. It is further contended that no assurances were ever given by the

    Management. The workmen cannot claim as a matter of right the

    regularisation of their services. The petitioners cannot claim themselves as

    workmen under the Act. As they were engaged as trainees, the provisions of

    Apprentices Act, 1961 would apply. It is contended that while appointing the

    workmen on temporary basis as trainees, the regular selection process was

    1
    Civil Appeal No(s).8558 of 2018 dated 19.08.2025
    2
    SLP (C) Nos.22241-42 of 2016 dated 30.01.2024
    13

    not followed. Whenever, permission was accorded by the State Government

    for filling up the regular vacancies, the Corporation would issue a public

    advertisement by issuing public recruitment notifications inviting applications

    from all eligible candidates.

    13. The nature of appointment in the case of members of the petitioners

    Union would not call for any regularization. It is further argued that there is no

    master and servant relationship between the workmen and the Management.

    The cadre strength of the Corporation does not have sanctioned posts

    corresponding to trainee positions. Regularisation, contrary to the cadre

    strength the regularisation of services cannot be granted. It is further argued

    that the State Government is proper and necessary party to the writ petition

    however, the petitioners have failed to implead the State Government, on the

    said ground alone the writ petition is deserves to be dismissed.

    14. It is further argued that the members of the petitioners Union in the

    instant case cannot be regarded as “Workmen” within the meaning of Section

    2(s) of the Industrial Disputes Act, 1947. Therefore, the Tribunal has no

    jurisdiction to adjudicate the issue raised in the present case.

    15. Sri N. Jeevan Kumar, learned counsel for the Management argues that

    as the members of the petitioner Union were appointed as Trainees, any

    dispute regarding their service would be governed by the provisions of the

    Apprentices Act, 1961. And a Trainee cannot be considered as “workman”,

    and he does not have any statutory right to claim an appointment. The
    14

    employer is under no statutory obligation to employ him, nor can he be

    considered for absorption. An apprentice remains an apprentice trainee during

    the period of training and will not be treated as a workman. They would only

    be provided with training in accordance with the provisions of the Apprentices

    Act and the Rules. They are not entitled to seek regularization. In this regard

    the learned counsel for the Management relies on the Judgments of the

    Hon’ble Apex Court in the case of Dhampur Sugar Mills Ltd. vs. Bhola

    Singh 3 , Haryana Power Generation Corporation Limited vs. Harkesh

    Chand and others4, U.P. State Electricity Board vs. Shiv Mohan Singh

    and another5, Managing Director, Hindustan Photo Films and another vs.

    H.B.Vinobha and others6, State of Jammu and Kashmir and others vs.

    District Bar Association, Bandipora 7, Indian Drugs & Pharmaceuticals

    Limited vs. Workmen, Indian Drugs & Pharmaceuticals Limited8 and the

    judgment of erstwhile Composite High Court at Hyderabad in the case of

    Executive Engineer, APSRTC, Karimnagar vs. K.Kanakaiah and another9.

    16. The learned counsel for the respondent-Management in support of his

    contention that under Article 226 of the Constitution of India no general

    directions can be issued for absorption or regularisation, unless the

    recruitment was made by following the due selection process of services.

    3
    (2005) 2 SCC 470
    4
    (2013) 2 SCC 29
    5
    (2004) 8 SCC 402
    6
    (2009) 15 SCC 50
    7
    (2017) 3 SCC 410
    8
    (2007) 1 SCC 408
    9
    2015 SCC OnLine Hyd 764
    15

    17. Learned counsel places reliance on the judgment of Hon’ble Apex Court

    in the case of State of Karnataka vs. Uma Devi10.

    18. Considered the submissions.

    19. The admitted facts are that the workmen in the instant case were

    appointed as trainees in 2008, as per the G.O.Ms.No.98, the land ousters are

    entitled to employment on a regular basis. However, they were appointed as

    trainees in 2008. They have been continued as such since 2008; the nature of

    duties assigned to them is that of the regular employees. The continuous

    service rendered over the years reflects the perennial nature of the job. The

    contention of the petitioner that workmen are trainees within the meaning of

    the provisions of Apprentices Act, 1961 is wholly unjustified having regard to

    the fact that the petitioners were engaged for operating the mines at

    Mangampet Village of Kadapa district, although at the relevant point of time

    they may have engaged them as trainees, the said tag cannot be continued

    perpetually, if the Management finds them not suitable for the job after

    completion of 240 days the it could have dispensed with their services, on the

    contrary it continued them and extracted work from the workmen for meagre

    salaries. It cannot shun away from its responsibility on the premise that no

    selection process was followed at the time of their appointment. The Apex

    Court has been repeatedly cautioning the employers against resorting to

    unfair trade practices at the expense of the livelihood of workmen/employees.

    10

    (2006) 4 SCC 1
    16

    20. In the light of the Judgments of the Hon’ble Apex Court in the cases of

    Dharam Singh (referred supra), Vinod Kumar (referred supra), U.P. Junior

    High School Council Instructor Welfare Association vs. State of Uttar

    Pradesh and others11, Shripal and another vs. Nagar Nigam, Ghaziabad12

    and the decision of the Division Bench Judgment of this Court in

    W.P.No.44902 of 2018 and batch dated 17.03.2026. I do not see any

    perversity from the order of the Central Industrial Tribunal-cum-Labour Court

    award in I.D.No.9 of 2012 dated 23.07.2019.

    21. In view of the foregoing, W.P.No.19826 of 2020 is dismissed and

    W.P.No.17629 of 2021 is disposed of, directing the 2nd respondent to

    regularize the services of the petitioners in terms of the award in I.D.No.9 of

    2012, with effect from the date of the award passed by the Central Industrial

    Tribunal-cum-Labour Court, dated 23.07.2019. The petitioners are entitled to

    consequential benefits with effect from the date of regularization.

    22. Accordingly, W.P.No.19826 of 2020 is dismissed and W.P.No.17629 of

    2021 is disposed of. There shall be no order as to costs.

    As a sequel, miscellaneous applications pending, if any, shall stand

    closed.

    ______________________________
    JUSTICE KIRANMAYEE MANDAVA
    Date: 01.05.2026
    BSK

    11
    S.L.P. (C) No.9459 of 2023 and batch dated 04.02.2026
    12
    Civil Appeal No.8157 of 2024 dated 31.01.2025
    17

    07
    THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

    WRIT PETITION NOS: 17629 OF 2021 & 19826 OF 2020

    Date: 01.05.2026
    BSK



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