G. Prabhu Das & Ors. Vs. tate of A.P. & Ors.
EmailAppeal: Writ Petition (Civil) No.299/1987.
Petitioner: G. Prabhu Das & Ors.
Respondent: tate of A.P. & Ors.
Apeal: Writ Petition (Civil) No.299/1987.
Judges: E.S.VENKATARAMIAH & M.M.DUTT, JJ.
Date of Judgment: Mar 09, 1987
Appearances:
Mr. P.Parameshwara Rao, Senior Advocate and Mr. V.Venkata Rami, Mr. B.Rajeshwara Rao and Mr. B.Parthsarthi, Advocates for the Petitioners.
Head Note:
LABOUR LAW
Sixty seven persons formerly working as Nominal Muster Roll Casual Workers – State Govt. refused to re-instate them as they were not in service on the date Court order was passed – Court directed that these persons are to be taken back on duty pending disposal of petition.
JUDGEMENT:
1. Issue notice.
2. The Court passed the same order as on 4-11-1986 in Writ Petition (Civil) No.1200/1986 entitled Y. Ranashwamy & Ors. v. State of A.P. & Ors.
“At the stage of the Writ Petition we are concerned with cases of 67 persons, whose names are setforth in Annexure -C-1 of the C.M.P. No.28639/86, who were formerly working at different places as Nominal Muster Roll Casual Workers. The State Government has not taken these 67 persons back to duty on the ground that on the date on which this Court passed the earlier order, they were not actually in the service of the State. We find that it is hardly a ground for rejecting the claim of these people to be treated in the same manner as others who have been reinstated in the service, in the circumstances of the case. We, therefore, direct that these persons shall also be taken back to the duty pending disposal of the petition, if they report to the duty on any date within one month from today. It is made clear that these petitioners are not entitled to any wages in respect of the period prior to their reinstatement. Further two weeks are allowed for filing counter affidavit, one week thereafter is allowed to the Petitioners for filing rejoinder affidavit. Liberty to mention for early hearing.”
3. The matter will be listed alongwith Writ Petition Nos.12752-86/1984 and other matters on 2-4-1987. Annexure 1 of the paper book may be corrected.
2. The Court passed the same order as on 4-11-1986 in Writ Petition (Civil) No.1200/1986 entitled Y. Ranashwamy & Ors. v. State of A.P. & Ors.
“At the stage of the Writ Petition we are concerned with cases of 67 persons, whose names are setforth in Annexure -C-1 of the C.M.P. No.28639/86, who were formerly working at different places as Nominal Muster Roll Casual Workers. The State Government has not taken these 67 persons back to duty on the ground that on the date on which this Court passed the earlier order, they were not actually in the service of the State. We find that it is hardly a ground for rejecting the claim of these people to be treated in the same manner as others who have been reinstated in the service, in the circumstances of the case. We, therefore, direct that these persons shall also be taken back to the duty pending disposal of the petition, if they report to the duty on any date within one month from today. It is made clear that these petitioners are not entitled to any wages in respect of the period prior to their reinstatement. Further two weeks are allowed for filing counter affidavit, one week thereafter is allowed to the Petitioners for filing rejoinder affidavit. Liberty to mention for early hearing.”
3. The matter will be listed alongwith Writ Petition Nos.12752-86/1984 and other matters on 2-4-1987. Annexure 1 of the paper book may be corrected.
