Syed Saleem Pasha S/0 Mahaboob v. The State Of Andhra Pradesh, Rep. By Its Secretary, M.A.

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SMT. KONGARA VIJAYA LAKSHMI Writ Petition No.25122 of 2017 DATED:16-10-2017 Between:

Syed Saleem Pasha and others ... Petitioners And The State of Andhra Pradesh Rep. by its Secretary M.A. and U.D. Department Secretariat, Velagapudi Amaravathi, Guntur District and others ... Respondents COUNSEL FOR THE PETITIONER: Smt. B. Geeta COUNSEL FOR RESPONDENT NOs.1 to 3: G.P. for Services (AP) COUNSEL FOR RESPONDENT NO.4: Sri Nimmagadda Venkateswarlu THE COURT MADE THE FOLLOWING:

CVNR, J & KVL, J WP 25122/2017 ORDER: (per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) Order dt.06.03.2017 in O.A. No.9209 of 2013 on the file of the Andhra Pradesh Administrative Tribunal (for short, "the Tribunal") is assailed in this writ petition. The petitioners, who claimed to be working as Nominal Muster Roll (NMR) workers from the year 1991 in Tiruvur Nagar Panchayat of Krishna District, filed the abovementioned O.A. for extending the minimum time scale of pay in the last grade service. In the counter affidavit filed by the respondents they have denied the master and servant relationship and submitted that the services of the petitioners have been lent by the contractors and that therefore they are not entitled to the relief claimed by them. In support of the plea that they have been working as NMRs/daily wage workers the petitioners have filed a photo copy of a purported statement of the Commissioner of Nagar Panchayat, Tiruvur. The Tribunal has held that the petitioners failed to establish the authenticity of the said statement and dismissed the O.A.

When a serious dispute on the status of the petitioners has been raised by the respondents, it is not possible for this Court to adjudicate the same, as such disputed question needs to be decided based on oral and documentary evidence to be

CVNR, J & KVL, J WP 25122/2017 produced by both the parties. In this view of the matter, while declining to interfere with the order of the Tribunal, the petitioners are, however, permitted to approach the Labour Court for claiming the relief sought in these proceedings. The writ petition is accordingly dismissed with the liberty to the petitioners as given above.

As a sequel to dismissal of the writ petition, W.P.M.P. No.31149 of 2017 shall stand disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY, J _____________________________ KONGARA VIJAYA LAKSHMI, J 16-10-2017 bnr