Bhattu Murali v. M.Siddaiah

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** C.C. No.240 of 2013 Between:

Bhattu Murali and others ... Petitioners And M.Siddaiah, The Chief Engineer (O&M), Kothagudem Thermal Power Station (V and VI) Stages, A.P. Genco Limited, Paloncha, Khammam District.

... Respondent JUDGMENT PRONOUNCED ON 14.12.2015 THE HON'BLE SRI JUSTICE G. CHANDRAIAH

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? :

2. Whether the copies of judgment may be marked to Law Reporters/Journals. :

3. Whether their Ladyship/Lordship wish to see the fair copy of the Judgment? : THE HON'BLE SRI JUSTICE G. CHANDRAIAH

C.C. No.240 of 2013 ORDER:

This contempt case has been filed seeking to punish the respondent for his deliberate and willful disobedience of the order dated 14.12.2011 passed in W.P. No.32881 of 2011.

The case of the petitioners is that they filed W.P. No.32881 of 2011 questioning the action of the respondents therein in not engaging the petitioners, who have been working for the last four years, in the construction works of KTPS-VI stage, by granting preference to their contract labour service.

This Court on 14.12.2011 while disposing of the writ petition granted liberty to the petitioners to make representation pointing out the facts and circumstances to the third respondent therein and thereafter on submitting such representation, the third respondent therein was directed to consider the same including the letter addressed by the fourth respondent therein in the matter of considering the case of the petitioners in engaging them as contract labour in the respondent-corporation and pass appropriate orders on merits and in accordance with law, within a period of two weeks thereafter. Complaining that the said order has not been complied with by the respondent, present contempt case has been field.

On behalf of the respondent, counter affidavit has been filed, inter alia, stated that pursuant to the directions issued by this Court in W.P. No.32881 of 2011 on 14.12.2011, examined the entire issue and issued a letter No.CE/O&M/KTPS-V&VI/SE/A&P/DGM/HR/JAO.II/ D.No.273/13, dated 05.03.2013 stating all the facts to the petitioners addressing the same to their advocate and the petitioner. It is also stated that they have prepared a statement containing the particulars of contract labour in which some of the petitioners are also included so as to enable appointment by following the Memo dated 22.01.2013, wherein comprehensive guidelines have been framed for engaging contract labour by consulting with all the agencies. A copy of the said letter has been filed along with the counter affidavit. From a perusal of the letter dated 05.03.

Engineer/O&M, KTPS-V & VI Stages, Paloncha to the petitioners and their counsel, it is noticed that the said latter has been addressed pursuant to the order passed by this Court in W.P. No.32881 of 2011 on 14.12.2011 and the same has not been denied by the petitioners.

In that view of the matter, I do not see any reason that the respondent has deliberately violated the order dated 14.12.2011 passed by this Court in WP. No.32881 of 2011. Therefore, this contempt case is liable to be closed. Accordingly, this contempt case is closed.

As a sequel, miscellaneous petitions, if any, stands closed. There shall be no order as to costs.

__________________________ JUSTICE G.CHANDRAIAH Date: 14.12.2015 LSK