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P. Madhava Reddy, v. Chittoor District Cooperative Milk Producers Union Limited

Court: High Court of Andhra Pradesh

Bench: HARINATH.N

Judgment date:

Case summary

High Court of Andhra Pradesh judgment dated 2024-12-12. P. Madhava Reddy, v. Chittoor District Cooperative Milk Producers Union Limited. Read the judgment...

Judgment text

/ 'X ^ . IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE HARINATH. N WRIT PETITION NO: 29417 OF 2012 Between: about 57 1. P. Madhava Reddy, S/o. P. Subramanyam Reddy, Aged Chittoor years, R/o. D. No. 4-1842 Durganagar Colony, Greamspet District 2. G. Venkata Ramana, S/o. G. Nagamallaiah, Aged about 53 years, R/o. D. No. 3-833 Gandalla Street, Greamspet, Chittoor District R/o. D. No. 4- 3. K. Subramanyam, S/o. K. Ramaiah, Aged about 50 years, 1637 Durganagar Colony, Greampet, Chittoor District 4. G. Ganasekhar, S/o. N. Sivaprakasam, Aged about 44 years, R/o. D. No. 25-218 Redduguntia Post, Chittoor District R/o. D. No. 25- 5. S. Saravana, S/o. A. M. Sivalingam, Aged about 45 years, 219 ReddiguntIa Post, Chittoor District 6. N. Sreenivasulu, S/o. N. Pedhavenkata Ramaiah, Aged about 55 years, District R/o. D. No.

25-59 Villiyappanagar, Greamspet, Chittoor 7. M. Ravi, S/o. M. Ramalingam, Aged about 44 years, R/o. Mapakshi Village & Post Chittoor District R/o. D. No. 4- 8. P. Umapathy, S/o. P. Krishnaiah, Aged about 45 years, 1825/3 Greamspet, Chittoor District R/o. D. No. 4- 9. V. Jayaramudu, S/o. V. Munaswamy, Aged about 49 years, 1455/1 Masheedumitta, Greamspet, Chittoor District 10. V. Hari Babu, S/o. V. Vadivel Natar, Aged about 52 years, R/o. D. No. 3/824-3 Vellore road, Greamspet, Chittoor District. 11. G. Munaiah, S/o. G. Venkata Swamy, Aged about 44 years, R/o. Erracheruvu Palli Puthalapattu Mandal, Chittoor District r 12. S. Venkatesulu, S/o. S. Subramanyam, Aged about 51 years, R/o Mapakshi Village & Mandal Chittoor District . 13. P. Venkatapathy Reddy, S/o. Jogi Reddy, Aged about 59 years, Rio. Eguvakaluva Nandhanoor Post, Gangadhar Nellore Mandal Chittoor District 14. K. Dakshina Murthy, S/o. Nallaiah, Aged about 46 years, R/o.

Renukapuram Village Marakalakuppam Post, Gudipala Mandal Chittoor District 15. V. Guru Swamy, S/o. Veera Swatny, Aged about 50 years, R/o. Mapakshi Village & Post Chittoor District 16. K. Balaram, S/o. K. Krishnamachari, Aged about 48 years, R/o. . No. 4- 1562 Vellore road, Greamspet, Chittoor District 17. V. Lakshmipathy, S/o. V. Krishanaiah Naidu, Aged about 47 years, R/o. D. No. 25-335 Rediguntia Post, Chittoor District 18. A. T. Sankar, S/o. A. C. Thulasiram, Aged about 50 years, R/o. D. No. 4- 1821 Durganagar Colony, Greamspet Chittoor District ... PETITIONERS AND 1. Chittoor District Cooperative Milk Producers Union Limited, Rep. by its General Manager, Incharge and Liquidator, Milk Products Factory, Chittoor 2. Chittoor District Cooperative Milk Producers Union Limited, Rep. by Chittoor District Collector Person-in-charge, Chittoor 3. A. P Dairy Development Cooperative Federations Limited, Rep.

by its Managing Director, Office at 5*^ Floor (presently 2"^^ Floor), API 1C Building, Auto Nagar, Mangalagiri, Guntur Dist. (Cause title in respect of R3 is amended/modified as per C. O. dt 22/8/24 vide lA 4/24 in Petition and Affidavit) 4. Labour Court, Anantapur, Rep. by its Chairman cum Presiding Officer 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Animal Secretariat Husbandry Diary Development and Fisheries Department, Buildings, Velagapudi, Amaravathi, Guntur District 22. 08. 2024 (Respondent No. 5 impleaded as per Court Order dated vide I. A. No. 2 of 2024 in WP No. 29417 of 2012) ... RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Certiorari or any other appropriate writ order or orders, direction or directions to quash the order of the respondent in MP No. 27/09, dated 21. 08.

2012 and to direct the first respondent to pay arrears of salaries, retirement benefits, annual increments and enhancement of DA etc. , to the petitioners from 30. 07. 2003 to till the age of superannuation of the petitioners. dated 05. 09. 2024 (Main Prayer amended/substituted as per Court Order vide I. A. No. 3 of 2024 in WP No. 29417 of 2012) Counsel for the Petitioners: SRI RAJENDRA BUSSA Counsel for the Respondent No. 1:SRI N. RAJESWAR RAO Counsel for the Respondent No. 2: GP FOR REVENUE SC FOR Counsel for the Respondent No. 3: M/s. P. SRI LATHA REDDY, APDDCF Counsel for the Respondent No. 4: GP FOR LABOUR Counsel for the Respondent No. 5;GP FOR ANIMAL HUSBANDRY The Court made the following: ORDER APHC010715472012 g. ug IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457] (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE HARINATH. N WRIT PETITION NO: 29417/2012 Between: P.

Madhava Reddy, and Others ... PETITIONER(S) AND Chittoor District Cooperative Milk Producers ... RESPONDENT(S) Union Limited and Others Counsel for the Petitioner(S): 1. RAJENDRA BUSSA Counsel for the Respondent(S): 1. GP FOR LABOUR 2. GP FOR REVENUE 3. P SRI LATHA REDDY (SC FOR APDDCF) 4. N RAJESWAR RAO The Court made the following Order: 1. The learned counsel for the petitioners submits that the petitioners worked in the 1®* and 2"^ respondent establishements the business and that the respondent was a registered society in of collecting milk from various places of Chittoor District, processing The 1®‘ the same and selling the milk and its by-products. respondent went into liquidation in the year 2003 and the liquidator for the was appointed on 29. 07. 2003. VRS scheme was introduced HN, J 2 W. P. No. 29417 2012 employees on 11. 04. 2002. 451 workers opted for VRS scheme and about 140 working did not opt for it.

The 1®' respondent intended to retrench the 140 workers who did not opt for VRS scheme and sought permission from the State. However, the State Government rejected the request of the 1®* respondent for retrenching the 140 workers who did not opt for VRS scheme 2. The petitioners in the writ petition claim that they have been working in the 1®' and 2"'^ respondent establishments as watch and ward staff, as the 2"'^ respondent was under liquidation. Since there was no activity, the watch and ward staff was essential to ensure the safety of movable and immovable properties of the 1®' and 2"'^ respondents. It is submitted that the petitioners were not paid salaries from 30. 07. 2003, though they had been working as watch and ward staff. The petitioners also filed W. P. Nos. 874 of 2003 and 3492 of 2007. The writ petitions were disposed off on 25. 04.

2008 and the official liquidator appointed to look after the affairs of the 1®* and 2"'^ respondents was directed to pay salaries from 2022 to 30. 07. 2003. However, the petitioners were not paid salaries by the official liquidator, despite specific directions from the Court. 3. The order passed by this Court in the writ petition was challenged by filing the Writ Appeal No. 552 of 2008, which was HN, J 3 W. P. No. 29417 2012 disposed off with an observation that, as the respondent society was wound up, further orders were not granted. Having no other option, the petitioners approached the Labour Court, Anantapur and filed M. P. No. 27 of 2009 seeking payment of wages from 30. 07. 2003 to 31. 07. 2009. A petition under Section 33(c)(2) of the ID Act was filed. The Labour Court considered the issue in totality and also examined the orders passed by this Court in W. P. No. 874 of 2003 and W. A. No. 552 of 2008.

The Labour Court also considered the oral and documentary evidence submitted by the petitioners and the management and held the documents submitted by the petitioner were insufficient for concluding insofar as the service of the petitioners in a closed factory. As such, the Labour Court declined to pass orders directing the respondents therein to services pay the salaries by the period during which the petitioners’ were engaged. However, their salary and other wages were denied. 4. The respondent Nos. 1 and 2 have filed a counter affidavit the and submits that the petitioners could not have approached Labour Court after winding up the respondent. The official liquidator, who filed counter on behalf of the respondent, took a watch and ward plea that the petitioners could not have worked as HN,J W. P. No. 294I7_2012 A staff at a closed factory without the knowledge of the official i liquidator, who was appointed to look after the affairs of the closed factory.

The petitioners have filed a reply to the counter and submit that FIR was registered on the complaint of the watchman, one K. Munaswamy, on 05. 01. 2013, informing the Chittoor One Town Police about the theft committed at the factory. 5- The learned counsel for the petitioner places reliance on the proceedings of the Assistant Commissioner of Labour, dated 0102. 2008, whereby the Assistant Commissioner of Labour brought to the notice of the Commissioner of Labour that 115 petitioners were paid wages by the period on 01. 06. 2001 to 31. 08. 2002 and that the wages from 01. 09. 2002 onwards were not paid. It is also submitted that , as per the directions of this Court in i W. P. M. P. NO. 24497 of 2007, the wages of 115 petitioners were paid for the period from 01. 06. 2001 to 31. 08. 2002 on 29. 10. 2007. It is further submitted that the names of the petitioners reflect in the proceedings of the Assistant Commissioner of Labour.

it is submitted that the said proceedings would endorse the claim of the petitioners as working as watch and ward staff at the respondent factory. HN, J 5 W. P. No. 29417 2012 6. The learned counsel for the petitioner submits that vide proceedings dated 02. 05. 2003, the liquidator addressed a letter to the District Collector requesting for settlement of dues for 141 employees who did not opt for VRS and were retrenched by 1 adopting the method of calculation which was arrived at by the liquidator. It is also submitted that the District Collector addressed a letter to the Special Chief Secretary of the Government of Andhra Pradesh, vide proceedings dated 27. 06. 2003, seeking the release of the requisite budget for settling the claim of the petitioners. 7.

Considering the submissions of the learned counsel for the petitioner and after thoroughly reviewing the record, it is found that the ends of justice would be met if the respondents are directed to comply with the decision of the liquidator, vide proceedings dated 02. 05. 2023. The respondents are further directed to take necessary steps in accordance with the proceedings dated 27. 06. 2023, to settle the dues of the petitioners by duly considering the individual services rendered by the petitioners and pass necessary orders within a period of four (04) weeks from the date of the receipt of this order. 8. Accordingly, the writ petition is disposed off. There shall be no order as to costs. HN,J \ 6 W. P. No. 29417 2012 As a sequel, pending miscellaneous petitions, if any, shall stand closed. SDI- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, District 1.

The General Manager, Incharge and Liquidator, Chittoor Factory, Cooperative Milk Producers Union Limited, Milk Products Chittoor 2. The District Collector Person-in-charge, Chittoor District Cooperative Milk Producers Union Limited, Chittoor, Chittoor 3. The Managing Director, A. P Dairy Development Cooperative Federations Limited, Office at 5*^ Floor (presently 2nd Floor), APIIC Building, Auto Nagar, Mangalagiri, Guntur Dist. 4. The Chiarman cum Presiding Officer, Labour Court, Anantapur. Development and 5. The Principal Secretary, Animal Husbandry Diary Buildings, Fisheries Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravathi, Guntur District 6. One CC to Sri Rajendra Bussa, Advocate [OPUC] 7. One CC to Sri N. Rajeswar Rao, Advocate [OPUC] 8. One CC to M/s. P. Sri Latha Reddy, SC for APDDCF[OPUC] [OUT] 9. Two CCs to GP for Labour, High Court of Andhra Pradesh. Pradesh. [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra of Andhra Pradesh. 11.

Two CCs to GP for Animal Husbandry, High Court [OUT] 12. Three CD Copies. ssb T \ HIGH COURT ,. s. - . DATED: 12/12/2024 V ORDER WP. No. 29417 of 2012 ifg 01 JAN 2025 » Current Section . ^ DISPOSING OF THE W. P. WITHOUT COSTS

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.