Ar. P.Employees Union Vs Chairman & MD and 3 Others

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

¶3

THURSDAY, THE TENTH DAY OF APRIL O
im.
A
TWO THOUSAND AND TWENTY FIVE
^i»*

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NOS: 19730 OF 2016.20540 OF 2016. 20441 OF 2017. 20863 OF 2016 20991 OF 2016, 17606 OF 2017 AND 19227 of 2017

¶6

WRIT PETITION NO: 19730 OF 2016

¶7

Between:

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AP Electricity Employees Muslim Minority Association, Regd. No. 151/2010, Rep. by its General Secretary, Sri A K Subhani^S/oSriSk. Ganno Sahib, age 45 years, Occ: Junior Accounts Officer, O/o D.E.E., Guntur, Guntur District.

¶9

...Petitioner

¶10

AND

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The Transmission Corporation of AP Ltd., Rep. by^{itsChairmanand} Managing Director, Vidyut soudha, Khairatabad, Hyderabad.

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The Chairman & Managing Director, Southern Power^{DistributionCo.of} A P Ltd., Tirupati, Chittoor District.

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The Chairman & Managing Director, Eastern Power^{DistributionCo.of} A P Ltd., Corporate Office, Visakhapatnam.

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The Chairman & Managing Director, A.P GENCO, Vidyut Soudha, Khairatabad, Hyderabad-82.

¶15

...Respondents

¶16

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 call for the records from the respondents, and issue a writ.

¶17

2-

¶18

w

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order or direction, particularly one in the nature of Writ of Mandamus deelaring that the proceedings No. Addl.Secy.DS(L.I.IR and R)/AS(L.IR and R)F^IR)/4P0/184/ 2014, dated 15-06-2016 and Proceedings No. CMG/CGM(HRD)/JS(HRD)/DGM-1/P0-II/A.I/D.No.497(47)/16, dated 16-062016 issued by the 2nd respondent without giving any noticed or opportunity and in not extending the protection of transfer and other privileges to the Office Bearers of the Petitioner Association is contrary to law, arbitrary, discriminatory, amounts to unfair labour practice, in violation of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and grant all consequential benefits.

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LA. NO: 1 OF 2016fWPMP. NO: 24243 OF 2016^

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to extend the protection of transfer to the office bearers of the petitioner association by extending all the privileges on par with Trade Unions and Associations by suspending the Proceedings No. Addl. Secy. DS (LI. IR&R)/AS(L.IR&R)P0(IR)/JP0/184/2014, dated 15-062016 and Proceedings No. CMG/CGM(HRD)/JS(HRD)/DGM-l/P0ll/A.I/D.No.497(47)/16, dated 16-06-2016 issued by the 1st and 2nd respondents herein pending disposal of the writ petition.

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I.A. NO: 1 OF 2017rWVMP. NO: 2098 OF 20171

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The Transmission Corporation of AP Ltd., Rep. by its^Chairman and Managing Director, Vidyut soudha, Khairatabad, Hyderabad.

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...Petitioner/1®* Respondent AND

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AP Electricity Employees Muslim Minority Association, Regd. No. 151/2010, Rep. by its General Secretary, Sri A K Subhani S/o Sri Sk. Ganno Sahib, age 45 years, Occ; Junior Accounts Officer, O/o D.E.E., Guntur, Guntur District.

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3

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...Respondent/Writ Petitioner

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F

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The Chairman & Managing Director, Southern Power^{DistributionCo.of} A P Ltd., Tirupati, Chittoor District.

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The Chairman & Managing Director, Eastern Power^{DistributionCo.of} A P Ltd., Corporate Office, Visakhapatnam.

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The Chairman & Managing Director, A.P GENCO, Vidyut Soudha, Khairatabad, Hyderabad-82.

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(R2 to 4 are not necessary parties in this petition)

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...Respondents/Respondents

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted in WPMP.No^{24243of2016in} WP No.19730 of 2016, dated 21-06-2016.

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I.A. NO: 2 OF 2017(WVMP. NO: 4985 OF 2017)

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The Chairman & Managing Director, Eastern Power Distribution^Co.of A P Ltd., Corporate Office, Visakhapatnam 530013.

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...Petitioner/ Respondent No.3

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AND

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AP Electricity Employees Muslim Minority Association, Regd. No. 151/2010, Rep. by its General Secretary, Sri A K Subhani^S/oSriSk. Ganno Sahib, age 45 years, Occ: Junior Accounts Officer,^O/oD.E.E., Guntur, Guntur District.

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...Respondent/Writ Petitioner

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The Transmission Corporation of AP Ltd., Rep. by^itsChairman and Managing Director, Vidyut soudha, Khairatabad, Hyderabad.

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The Chairman & Managing Director, Southern Power^{DistributionCo.of} A P Ltd., Tirupati, Chittoor District.

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The Chairman & Managing Director, A.P GENCO, Vidyut Soudha, Khairatabad, Hyderabad-82.

¶44

...Respondents/Respondent No. 1,2 and 4

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 21.06.2016^{inWPMPNo.24243} of 2016 in WP No. 19730 of 2016.

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Counsel for the Petitioner: SRI. A K JAYAPRAKASH RAO

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Counsel for the Respondents: SRI V V SATISH (SC for APEPDCL)

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Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL)

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WRIT PETITION NO: 20540 OF 2016

¶50

Between:

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The A.P Power Engineers Association (Regd No.279/2009),^D.No.47- 8/1-13G , Sai Gardens street, Rajarammohan Roy School, Gunadala, Vijayawada, Krishna District. Rep. by it's General Secretary of A.P.S.P.D.C.L, A.Raveendra, S/o Raghuramulu Aged about 34 years, Occ: Sub-Engineer, APSPDCL, Y.S.R.Kadapa Circle, Y.S.R. Kadapa District

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...Petitioner

¶53

AND

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The State of Andhra Pradesh, Department of Energy I & I, A.P. Secretariat, Hyderabad. Rep.by it's PrI. Secretary.

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The Transmission Corporation of A.P. Ltd., Vidyuth^Soudha, Khairatabad, Hyderabad-82. Rep.by its Chairman and Managing Director.

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The Chairman & Managing Director, A.P.Genco, Vidyut^Soudha, Khairatabad, Hyderabad-82

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The Chairman & Managing Director, Eastern Power Distribution^Co.of A.P. Ltd., Corporate Office, Vishakapatnam-530013.

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5

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The Chairman & Managing Director, Southern Power^{DistributionCo.of} A.P. Ltd., Tirupathi, Chittoor District.

¶60

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 or order or direction more^{particularlyoneinthe} nature of Writ of Mandamus, declaring the action of^{theRespondentsnot} extending to the Association the benefit of transfer^{policyi.e.theTransfer} Policy framed by the Respondent no.2 in Memo No. Addl. Secy/DS(L, IR&R)/AS(L,IR 86R) PO (IR) / JPO / 185 / 2015, dated^15-06-2016, (as contained in para 19 thereof), as illegal and arbitrary and it is further con sequentially prayed that this Hon'ble Court may be^{pleasedtodirectthe} respondents to extend to the Writ Petitioner's Association^{thesaidbenefit} continuously.

¶61

I.A. NO: 1 OF 2016fWVMP. NO: 5199 OF 2016)

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The Transmission Corporation of A.P. Ltd., Vidyuth^Soudha, Khairatabad, Hyderabad-82. Rep.by its Chairman and^Managing Director.

¶63

...Petitioner/2"'* Respondent

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AND

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The A.P Power Engineers Association (Regd No.279/2009),^D.No.47- 8/1-13G , Sai Gardens street, Rajarammohan Roy School,^Gunadala, Vijayawada, Krishna District. Rep. by it's General Secretary of A.P.S.P.D.C.L, A.Raveendra, S/o Raghuramulu Aged about^34years, Occ: Sub-Engineer, APSPDCL, Y.S.R.Kadapa Circle, Y.S.R.^Kadapa District.

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...Respondent/Writ Petitioner

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The State of Andhra Pradesh, Department of Energy I & I, A.P. Secretariat, Hyderabad. Rep.by it's PrI. Secretary.

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6

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The Chairman & Managing Director, A.P.Genco, Vidyut Soudha, Khairatabad, Hyderabad-82

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The Chairman & Managing Director, Eastern Power Distribution Co. of A.P. Ltd., Corporate Office, Vishakapatnam-530013.

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The Chairman & Managing Director, Southern Power Distribution Co. of A.P. Ltd., Tirupathi, Chittoor District.

¶72

(R2 to 5 are not necessary parties to this petition)

¶73

...Respondents/Respondents

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order made in WPMP.No. 25188/2016 in WP.No. 20540/2016 dt. 27.6.2016.

¶75

I.A. NO: 2 OF 2016(WPMP. NO: 25188 OF 20161

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to forth with extend the protection from transfer / posting the office bearers of the Writ Petitioner Association by extending all the privileges on par with trade Unions and other Associations, by suspending the proceedings of the Respondent no.2 in Memo No. Addl. Secy/DS(L, IR&R)/AS(L,IR &R) PO (IR) / JPO / 185 / 2015, dated 15-062016.

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LA. NO: 1 OF 2017fWVMP. NO: 4980 OF 20171

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The Chairman & Managing Director, Eastern Power Distribution Co. of A.P. Ltd., Corporate Office, Vishakapatnam-530013.

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...Petitioner/ Respondent No.4

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AND

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7

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The A.P Power Engineers Association (Regd No.279/2009),^D.No.47- 8/1-13G , Sai Gardens street, Rajarammohan Roy School,^Gunadala, Vijayawada, Krishna District. Rep. by it's General Secretary of A.P.S.P.D.C.L, A.Raveendra, S/o Raghuramulu Aged about^34years, Occ; Sub-Engineer, APSPDCL, Y.S.R.Kadapa Circle, Y.S.R.^Kadapa District.

¶83

...Respondent/ Petitioner

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The State of Andhra Pradesh, Department of Energy I & I, A.P. Secretariat, Hyderabad. Rep.by it's PrI. Secretary.

¶85

The Transmission Corporation of A.P. Ltd., Vidyuth^Soudha, Khairatabad, Hyderabad-82. Rep.by its Chairman and^Managing Director.

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The Chairman & Managing Director, A.P.Genco, Vidyut^Soudha, Khairatabad, Hyderabad-82

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The Chairman & Managing Director, Southern Power^{DistributionCo.of} A.P. Ltd., Tirupathi, Chittoor District.

¶88

...Respondents/Respondent No. 1 to 3 and 5

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to vacate the interim order dated 27.06.2016^{inWPMPNo.25188} of 2016 in WP No. 20540 of 2016.

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Counsel for the Petitioner: SRI. KAVITI MURALI KRISHNA

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Counsel for the Respondent No. 1: GP FOR ENERGY

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Counsel for the Respondent No. 2: N Siva Reddy(SC for^APTRANSCO)

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Counsel for the Respondent No. 4: SRI V V SATISH (SC^forAPEPDCL)

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Counsel for the Respondent No. 5: SRI VENKATA RAMA^RAOKOTA(SC FOR APSPDCL)

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WRIT PETITION NO: 20441 OF 2017 Between:

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Andhra Rastra Power Employees Union Registration No. G-445 represented by its General Secretary Sri K.S.R.Murthy, Sic). KVG Krishna Rao, aged about 57 years Occ; Junior Accounts Officer, Resident of Jaggaiahpet, Krishna District

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...Petitioner

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AND

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The Transmission Corporation of Andhra pradesh Ltd.^{Representedby} its Chairman & Managing Director Vidyut Soudha, Gunadala, Vijayawada.

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Andhra Pradesh Southern Power Distribution, Company^Limited represented by its Chairman and Managing Director,^Kesavayani Gunta, Tirupati.

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Andhra Pradesh Eastern Power Distribution, Company^Limited represented by Chairman and Managing Director Visakhapatnam.

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Chief General Manager [HRD] AP TRANSCO, Vijayawada

¶103

...Respondents

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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 call for the records from the respondents^and issue an appropriate Writ, Order of directions, particularly^{oneinthenatureofWritof} Mandamus, declaring the action of the 1®* respondent in not according protection of transfers to the Office Bearers of the petitioner Union by proceedings dated 19.06.2017 in T.O.O.(Addl. Secy.Per)^{Ms.No.474onpar} with other Unions and Associations as illegal, arbitrary,^{discriminatory,unfair} labour practice and violative of Articles 14 and 21 of Constitution of India and grant consequential benefits.

¶105

‘I

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I.A. NO: 1 OF 2017(WPMP. NO: 25039 OF 2017)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to extend protection of transfer to the Office Bearers of the petition union on par with other Unions and Associations as per guidelines issued in proceedings No. T.O.O. (Addl. Secy.Per) Ms. No.474, dated 19.06.2017.

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Counsel for the Petitioner: SRI. A K JAYAPRAKASH RAO

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Counsel for the Respondent No. 1 and 4: SRI Y NAGI REDDY (APTRANSCO)

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Counsel for the Respondent No. 2: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL)

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Counsel for the Respondent No. 3: SRI V V SATISH (SC for APEPDCL)

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WRIT PETITION NO: 20863 OF 2016

¶113

Between:

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The United Electricity Employees Union, (Reg. No.B-1829/89) [affiliated to CITU], Rep. by its General Secretary, #24-24-14, Rajaka Veedhi, Durga Puram, Vijayawada -3, Andhra Pradesh.

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...Petitioner

¶116

AND

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The AP Transco Rep. by its Chairman & Managing Director, Vidyut Soudha, Somajiguda, Hyderabad.

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The Southern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Tirupati,^Chittoor District.

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^0

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The Eastern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Visakhapatnam.

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The AP GENCO, Rep. by its Managing Director, Vidyuth Soudha, Somajiguda, Khairatabad, Hyderabad.

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The State of Andhra Pradesh, Rep. by its Commissioner of Labour, Department of Labour, # 1-1-18/73, T Anjaiah Karmika^Sankshema Bhavan, Behind Devi 70MM Theater, RTC X Roads, Hyderabad-20

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The Joint Commissioner of Labour, Hyderabad (Twin Cities) and Returning Officer, #1-1-18/73, T Anjaiah Karmika Sankshema^Bhavan Behind Devi 70MM Theater, RTC X Roads, Hyderabad-20

¶124

(Respondent Nos. 5 and 6 impleaded as per Court Order^dated10-04- 2025 vide lA No. 1 of 2022 in WP No. 20863 of 2016)

¶125

...Respondents

¶126

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 issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus i. declaring the action of the 1st respondent in issuing transfer guidelines vide Memo dt. 15-06-2016 without extending the privilege or protection from being transferred during general transfer counseling etc., to the office bearers of the petitioner trade union on par with other trade unions and caste based service associations as illegal, arbitrary, discriminative besides violative of Arts. 14 & 19 of the Constitution of India; and ii. consequently, direct the respondents to extend the privilege or protection to the officer bearers of the petitioner trade union from being transferred in general transfer counseling every year; and pass such other order or orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of case and to meet the ends of justice

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LA. NO: 1 OF 2016(WPMP. NO: 25599 OF 2016)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be

¶129

^ pleased to direct the respondents to extend the protection/pri^vilegetothe office bearers of petitioner trade union from being^transferred in general transfer counseling in pursuance of Memo dt.15-06-2016^onparwiththe recognized trade unions and caste based associations^mentioned in Clause 19 of the Memo dt.15-06-2016. -

¶130

I.A. NO: 1 OF 2017(WVMP. NO: 5011 OF 2017)

¶131

The Chairman & Managing Director, Eastern Power^Distribution Company of AP Ltd., Corporate Office, Visakhapatnam.

¶132

...Petitioner/Respondent No. 3

¶133

AND

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The United Electricity Employees Union, (Reg. No.B-1829/89)^[affiliated to CITU], Rep. by its General Secretary, #24-24-14,^{RajakaVeedhi,} Durga Puram, Vijayawada -3, Andhra Pradesh.

¶135

...Respondent/Petitioner

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The AP TRANSCO Rep. by its Chairman & Managing Director,^Vidyut Soudha, Somajiguda, Hyderabad.

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The Southern Power Distribution Company of AP Ltd.,^Rep.byits Chairman & Managing Director, Corporate Office, Tirupati,^Chittoor District.

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The AP GENCO, Rep. by its Managing Director, Vidyuth^Soudha, Somajiguda, Khairatabad, Hyderabad.

¶139

...Respondents/Respondents 1,2 and 4

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to vacate the interim order dated 28-06-2017 in W.P.M.P. No. 25599 of 2016 in W.P. No. 20863 of 2016.

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Counsel for the Petitioner: SRI. PEETA RAMAN

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Counsel for the Respondent No. 1 : SRI Y NAGI REDDY^(APTRANSCO)

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12,

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f Counsel for the Respondent No. 2: SRI VENKATA RAMA^RAOKOTA(SC FOR APSPDCL)

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Counsel for the Respondent No. 3: SRI V V SATISH (SC for APEPDCL)

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Counsel for the Respondent No.4: SRI NAGARAJU NAGURU^SCFOR APGENCO

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WRIT PETITION NO: 20991 OF 2016

¶148

Between:

¶149

The United Electricity Employees Union, (Reg. No.B-1829/89)^[affiliated to CiTU], Rep. by its General Secretary, #24-24-14, Rajaka Veedhi, Durga Puram, Vijayawada -3, Andhra Pradesh.

¶150

...Petitioner

¶151

AND

¶152

The A.P. TRANSCO, Rep. by its Chairman & Managing Director,^Vidyut Soudha, Somajiguda, Hyderabad.

¶153

The Southern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Tirupati,^Chittoor District.

¶154

The Eastern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Visakhapatnam.^{^}

¶155

The AP GENCO, Rep. by its Managing Director, Vidyuth^Soudha Somajiguda, Khai rata bad, Hyderabad.

¶156

The State of Andhra Pradesh, Rep. by its Commissioner^ofLabour, Department of Labour, # 1-1-18/73, T Anjaiah Karmika^Sankshema Bhavan, Behind Devi 70MM Theater, RTC X Roads, Hyderabad-20

¶157

The Joint Commissioner of Labour, Hyderabad (Twin Cities) and Returning Officer, #1-1-18/73, T Anjaiah Karmika Sankshema^Bhavan Behind Devi 70MM Theater, RTC X Roads, Hyderabad-20

¶158

(Respondent Nos. 5 and 6 impleaded as per Court Order^dated10-04- 2025 vide lA No. 1 of 2022 in WP No. 20991 of 2016)

¶159

...Respondents

¶160

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 or order, orders or directions more particularly one in the nature of Writ of Mandamus i. declaring the action of the respondents in conducting verification, from 1959 till 2016, only for once in the year 1989 and failing to conduct periodical verification as per statutory provisions; and ii. the action of the respondents in not recognizing the petitioner union on par with other 6 trade unions and caste based associations by extending privileges of full time permission, special casual leave of 15 days, attendance certificate, negotiations with management, privilege or protection from being transferred during general transfer counseling etc., on par with other trade unions and caste based service associations; and iii. consequently, direct the respondents to conduct periodical verification herein after, without fail, and also recognize the petitioner union duly extending all the privileges, which have been extended to all other recognized trade unions

¶161

I.A. NO: 1 OF 2016fWPMP. NO: 25740 OF 2016)

¶162

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider petitioner^trade union for according the recognition on par with other recognized^{tradeunionsand} caste based associations by extending the privileges of full time permission, special casual leave of 15 days, attendance certificate, negotiations with

¶163

%

¶164

protection from being transfer during general management, privilege or transfer counseling etc. by considering petitioner union's representation dt.03-06-2016, 06-06-2016 and 15-06-2016.

¶165

I.A. NO: 1 OF 2Q17fWVMP- NO: 5015 OF 2017)

¶166

Between:

¶167

The Chairman & Managing Director, Eastern Power Distribution Company of AP Ltd., Corporate Office, Visakhapatnam.

¶168

...Petitioner/Respondent No. 3

¶169

AND

¶170

The United Electricity Employees Union, (Reg. No.B-1829/89) [affiliated General Secretary, #24-24-14, Rajaka Veedhi,

¶171

to CITU], Rep. by its Durga Puram, Vijayawada -3, Andhra Pradesh.

¶172

Respondent/Petitioner

¶173

TheA.P TRANSCO, Rep. by its Chairman & Managing Director,^Vidyut Soudha, Somajiguda, Hyderabad.

¶174

The Southern Power Distribution Company of AP Ltd., Rep.^byits Chairman & Managing Director, Corporate Office, Tirupati, Chittoor District.

¶175

TheAP GENCO, Rep. by its Managing Director, Vidyuth Soudha, Somajiguda, Khai rata bad, Hyderabad.

¶176

...Respondents/Respondent No. 1,2 and 4

¶177

that in the circumstances Petition under Section 151 CPC praying stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} in WP'MP.No25740 of pleased to vacate the interim order dated 30.06.2017 2016 in WP.No.20991 of 2016.

¶178

AS

¶179

Counsel for the Petitioner{s):SRI. PEETA RAMAN

¶180

Counsel for the Respondent No. 1 : SRI Y NAGI REDDY^(APTRANSCO)

¶181

Counsel for the Respondent No. 2: SRI VENKATA RAMA^RAOKOTA(SC FOR APSPDCL)

¶182

Counsel for the Respondent No. 3: SRI V V SATISH (SC^forAPEPDCL)

¶183

Counsel for the Respondent No.4: SRI NAGARAJU NAGURU^SCFOR APGENCO

¶184

WRIT PETITION NO: 17606 OF 2017

¶185

Between:

¶186

The United Electricity Employees Union, (Reg. No.B-1829/89)^[affiliated to CITU], Rep. by its General Secretary, 24-24-14, Rajaka^Veedhi, Durga Puram, Vijayawada -3, Andhra Pradesh

¶187

...Petitioner

¶188

AND

¶189

1 The A.P. TRANSCO, Rep. by its Chairman & Managing^{Director,Vidyut} Soudha, Somajiguda, Hyderabad.

¶190

The Southern Power Distribution Company of AP Ltd.,^Rep.byits Chairman & Managing Director, Corporate Office, Tirupati,^Chittoor District.

¶191

The Eastern Power Distribution Company of AP Ltd.,^Rep.byits Chairman & Managing Director, Corporate Office, Visakhapatnam.

¶192

The AP GENCO, Rep. by its Managing Director, Vidyuth^Soudha, Somajiguda, Khairatabad, Hyderabad.

¶193

...Respondents

¶194

Petition under Article 226 of the Constitution of India^{prayingthatin} the circumstances stated in the affidavit filed therewith,^{theHighCourtmay}

¶195

It

¶196

pleased to issue a writ or order, orders or directions^{moreparticularlyone} in the nature of Writ of Mandamus i. declaring the action of the 1st respondent in issuing transfer guidelines vide T.O.O.(Addl.Secy-^Per)Ms. No.450, dt.17-05-2017 without extending the privilege^{orprotectionfrom} being transferred during general transfer counseling etc. to the office bearers of the petitioner trade union on par with other^{tradeunionsand} caste based service associations as illegal, arbitrary,^{discriminativebesides} violative of Arts.14 & 19 of the Constitution of India;^and ii. conseguently, direct the respondents to extend the privilege or protection^totheofficer bearers of the petitioner trade union from being transferred in general transfer counseling every year.

¶197

I.A. NO: 1 OF 2017fWPMP. NO: 21493 OF 2017)

¶198

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to direct the respondents to extend the protection/privi^legetothe office bearers of petitioner trade union from being^transferred in general transfer counseling in pursuance of T.O.O.(Addl.Secy-Per)Ms. No.450, dt.17-05-2017 on par with the recognized trade unions^{andcastebased} associations mentioned in Ciause-12 (a) of the Annexure-I to the T.0.0(Addl.Secy-Per)Ms. No.450, dt.17-05-2017.

¶199

Counsel for the Petitioner: SRI. PEETA RAMAN

¶200

Counsel for the Respondent No. 1 : SRI Y NAGI REDDY^(APTRANSCO)

¶201

Counsel for the Respondent No. 2: SRI VENKATA RAMA^RAOKOTA(SC FOR APSPDCL)

¶202

Counsel for the Respondent No. 3: SRI V V SATISH (SC^forAPEPDCL)

¶203

Counsel for the Respondent No.4: SRI NAGARAJU NAGURU^SCFOR APGENCO

¶204

r

¶205

WRIT PETITION NO: 19227 OF 2017

¶206

Between:

¶207

The Andhra Pradesh Electricity Engineers’ Association, (Reg. No.104/2015), Rep. by its General Secretary, #19-3-1-B4-V3, Sreepuram, Kalka Cheruvu, Tirupati, Andhra Pradesh^-517501.

¶208

...Petitioner

¶209

AND

¶210

The A.P. TRANSCO, Rep. by its Chairman & Managing^{Director, Vidyut} Soudha, Somajiguda, Hyderabad.

¶211

The Southern Power Distribution Company of AP Ltd., Rep., by its Chairman & Managing Director, Corporate Office, Tirupati,^Chittoor District.

¶212

The Eastern Power Distribution Company of AP Ltd., Rep., by its Chairman & Managing Director, Corporate Office, Visakhapatnam.

¶213

The AP GENCO, Rep. by its Managing Director, Vidyuth^Soudha, Somajiguda, Khairatabad, Hyderabad.

¶214

...Respondents

¶215

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 or order, orders or directions more particularly one in the nature of Writ of Mandamus i. declaring the action of the 1st respondent in issuing transfer guidelines vide T.O.O(Addl.Secy-P^er)Ms. No.450, dt. 17-05-2017 without extending the privilege or protection from being transferred during general transfer counseling etc., to the office bearers of the petitioner engineers' association on par with other trade unions and caste based service associations as illegal, arbitrary, discriminative besides violative of Arts. 14 & 19 of the Constitution of India; and ii. consequently, direct the respondents to extend the privilege or

¶216

protection to the officer bearers of the petitioner engineers' association from being transferred in general transfer counseling every year.

¶217

I.A. NO: 1 OF 2017(WPMP. NO: 23413 OF 2017)

¶218

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to extend the protection^{/privilegetothe} office bearers of petitioner engineers' association from being transferred in general transfer counseling in pursuance of T.O.O.(Addl.Secy-Per^)Ms.No. 450, dt. 17-05-2017 on par with the recognized trade^unions and caste based associations mentioned in Clause -12 (a) of the^Annexure -I to the T.O.O. (Addl.Secy-Per) Ms. No. 450, dt. 17-05-2017.

¶219

Counsel for the Petitioner(s):SRI. PEETA RAMAN

¶220

Counsel for the Respondent No. 1 : SRI Y NAGI REDDY (APTRANSCO)

¶221

Counsel for the Respondent No. 2: SRI VENKATA RAMA^RAOKOTA(SC FOR APSPDCL)

¶222

Counsel for the Respondent No. 3: SRI V V SATISH (SC^forAPEPDCL)

¶223

Counsel for the Respondent No.4: SRI NAGARAJU NAGURU^SCFOR APGENCO

¶224

The Court made the following Common Order;

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1

¶226

APHC010714872016

¶227

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶228

[3504]

¶229

(Special Original Jurisdiction)

¶230

THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

¶231

PRESENT

¶232

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

¶233

WRIT PETITION NO: 19730/2016

¶234

Between;

¶235

A.P. Electricity Employees Muslim Minority Assn., Guntur.

¶236

...PETITIONER

¶237

AND

¶238

The Transmission Corp Of A P Ltd Hyderabad And 3 ...RESPONDENT(S⁾ Others

¶239

Counsel for the Petitioner:

¶240

1.A.K.JAYAPRAKASH RAO

¶241

Counsel for the Respondent(S);

¶242

1 .VENKATA RAMA RAO KOTA SC FOR APSPDCL

¶243

V.V.SATISH (SC for APEPDCL)

¶244

WRIT PETITION No.20540/2016

¶245

Between:

¶246

The A.P.Power Engineers Association, ...PETITIONER

¶247

Rep.by its General Secretary, YSR Kadapa District

¶248

AND

¶249

State of A.P. Principal Secretary,

¶250

...RESPONDENT{S)

¶251

Energy, Hyderabad and 4 Others

¶252

2

¶253

Counsel for the Petitioner:

¶254

I.KAVm MURALI KRISHNA

¶255

Counsel for the Respondent(S):

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VENKATA RAMA RAO KOTA SC FOR APSPDCL

¶257

V.V.SATISH (SC for APEPDCL)

¶258

GP FOR ENERGY (AP)

¶259

WRIT PETITION NO: 20441/2017]

¶260

Between:

¶261

Andhra Rastra Power Employees Union ...PETITIONER

¶262

AND

¶263

Transmission Corporation of A.P.Ltd.,

¶264

...RESPONDENT(S)

¶265

Rep.by its Chairman & Managing Director And 3 Others

¶266

Counsel for the Petitioner:

¶267

1.A K JAYAPRAKASH RAO

¶268

Counsel for the Respondent(S):

¶269

VV SATISH (SC for APEPDCL)

¶270

WRIT PETITION NO: 20863/2016

¶271

Between:

¶272

General Secretary, United Electricity Employees Union, Krishna Dist

¶273

...PETITIONER

¶274

AND

¶275

Chairman & Managing Director

¶276

...RESPONDENT(S)

¶277

A.P.Transco, Hyderabad and 3

¶278

3

¶279

Others

¶280

Counsel for the Petitioner:

¶281

1.PEETA RAMAN

¶282

Counsel for the Respondent(S):

¶283

1 .V V SATISH (SC for APEPDCL)

¶284

2.NAGARAJU NAGURU, ( STANDING COUNSEL FOR APGENCO )

¶285

WRIT PETITION NO: 20991/2016

¶286

Between:

¶287

The United Electricity Employees Union, ...PETITIONER

¶288

AND

¶289

The A P Transco and Others

¶290

...RESPONDENT(S)

¶291

Counsel for the Petitioner:

¶292

1.PEETA RAMAN

¶293

Counsel for the Respondent(S):

¶294

VV SATISH (SC for APEPDCL)

¶295

2.NAGARAJU NAGURU, ( STANDING COUNSEL FOR APGENCO )

¶296

WRIT PETITION NO: 17606/2017

¶297

Between:

¶298

The United Electricity Employees Union, ...PETITIONER

¶299

AND

¶300

The A P Transco and Others

¶301

...RESPONDENT(S)

¶302

Counsel for the Petitioner:

¶303

PEETA RAMAN

¶304

Counsel for the Respondent(S):

¶305

4

¶306

1.V.V.SATISH (SC for APEPDCL)

¶307

2.NAGARAJU NAGURU, ( STANDING COUNSEL FOR APGENCO)

¶308

WRIT PETITION NO: 19227/2017

¶309

Between:

¶310

The Andhra Pradesh Electricity ...PETITIONER Engineers' Association,

¶311

AND

¶312

The A P Transco Rep By Its ...RESPONDENT(S) Chairman Managing Director and Others

¶313

Counsel for the Petitioner:

¶314

PEETA RAMAN

¶315

Counsel for the Respondent(S):

¶316

VENKATA RAMA RAO KOTA SC FOR APSPDCL

¶317

2.VVSATISH (SC for APEPDCL)

¶318

3.NAGARAJU NAGURU( STANDING COUNSEL FOR APGENCO)

¶319

This Court made the following COMMON ORDER;

¶320

/

¶321

6

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HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

¶323

WRIT PETITION Nos.19730 of 2016. 20540 of 2016. 20441^of 2017, 20863 of 2016, 20991 of 2016, 17606 of 2017 and^19227of 2017

¶324

COMMON ORDER:

¶325

All these writ petitions are instituted under Article 226 of Constitution of India, praying the reliefs as under:-

¶326

2. W.P.No.19730 of 2016:

¶327

“to issue a writ order or direction particularly one^{inthenatureof} Writ of Mandamus declaring that the proceedings No Add!.Secy. DS(LI.IR&R)/AS(L.IR&R)PO(IR)/JPO/184/2014 dated 15.06.2016 and Proceedings No.CMG/CGM(HRD)/JS(HRD)/DGM-l/PO-ll/A.I/D No.497(47)/16 dated 16.06.2016 issued by the 2nd respondent without giving any notice or opportunity and in not extending the protection of transfer and other privileges to the^{OfficeBearersofthe} Petitioner Association is contrary to law, arbitrary, discriminatory, amounts to unfair labour practice, in violation of principles of natural justice and violative of Articles 14 and 21 of the^{ConstitutionofIndia} and grant all consequential benefits and to pass such^otherorderor orders....”

¶328

3. W.P.No.20540 of 2016:

¶329

“to issue a Writ or order or direction more particularly^onein the nature of Writ of Mandamus declaring the action of the Respondents not extending to the Association the benefit^oftransfer policy i e the Transfer Policy framed by the Respondent^No.2 In Memo No.Addl.Secy/DS(L,IR&R)/AS(L,IR &R) PO(IR)/JPO/185/

¶330

’\

¶331

7

¶332

2015, dated 15.06.2016 (as contained in para 19 thereof) as illegal and arbitrary and it is further consequentially prayed^{thatthisHon’ble} Court may be pleased to direct the respondents to extend^totheWrit Petitioner’s Association the said benefit continuously and to pass....”

¶333

1

¶334

4. W.P.No.20441 of 2017:

¶335

“to call for the records from the respondents and issue^an appropriate Writ, Order of directions, particularly^{oneinthenatureof} Writ of Mandamus declaring the action of the Respondent^innot according protection of transfers to the Office Bearers of the petitioner Union by proceedings dated 19.06.2017 in^T.0.0.(Add!. Secy.Per) Ms. No.474 on par with other Unions and Associations^as illegal, arbitrary, discriminatory, unfair labour practice^{andviolativeof} Articles 14 and 21 of Constitution of India and grant consequential benefits ’’

¶336

5. W.P.No.20863 of 2016:

¶337

“to issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus—

¶338

(i) declaring the action of the respondents in conducting verification, from 1959 till 2016, only for once In the year 1989 and failing to conduct periodical verification as per statutory^provisions; and

¶339

(il) the action of the respondents in not recognizing the petitioner union on par with other 6 trade unions and^castebased associations by extending privileges of full time permission,^special casual leave of 15 days, attendance certificate, negotiations with management, privilege or protection from being transferred^during general transfer counseling etc., on par with other^{tradeunionsand} caste based service associations; and

¶340

.y

¶341

8

¶342

(Hi) consequently, direct the respondents to conduct periodical verification herein after, without fail,^{andalsorecognizethe} petitioner union duly extending all the privileges which have been extended to all other recognized trade unions; and^topass....

¶343

6. W.P.No.20991 of 2016:

¶344

“to issue a writ or order orders or directions more^particularly one in the nature of Writ of Mandamus

¶345

action of the respondents in conducting (I) declaring the verification from 1959 till 2016, only for once in the year 1989^and failing to conduct periodical verification as per statutory^provisions, and (ii) the action of the respondents in not recognizing^{thepetitioner} and caste based with other 6 trade unions union on par associations by extending privileges of full time permission,^special casual leave of 15 days, attendance certificate, negotiations with management, privilege or protection from being transferred^during general transfer counseling etc., on par with other trade unions and caste based service associations; and

¶346

(Hi) consequently, direct the respondents to conduct^periodical verification herein after, without fall, and also recognize the petitioner union duly extending all the privileges,^{whichhavebeen} extended to all other recognized trade unions; and^{topass....”}

¶347

7. W.P.No.17606 of 2017:

¶348

one

¶349

“to issue a writ or order orders or directions more^particularly in the nature of Writ of Mandamus-

¶350

(i) declaring the action of the 1st respondent in issuing vide T.O.O.(Addl. Secy-Per) Ms.No.450, dt. transfer guidelines 17.05.2017 without extending the privilege or protection^frombeing

¶351

9

¶352

transferred during general transfer counseling etc to the office bearers of the petitioner trade union on par with other trade unions and caste based service associations as illegal, arbitrary, discriminative besides violative of Arts. 14 and 19 of the Constitution of India; and

¶353

(ii) consequently direct the respondents to extend the privilege or protection to the officer bearers of the petitioner trade union from being transferred in general transfer counseling every year; and to pass

¶354

8. W.P.No.19227 of 2017:

¶355

“to issue a writ or order orders or directions more particularly one In the nature of Writ of Mandamus—

¶356

(i) declaring the action of the 1st respondent in issuing transfer guidelines vide T.O.O.(Addl.Secy-Per)Ms.No.450, dl 17.05.2017 without extending the privilege or protection from being transferred during general transfer counseling etc., to the office bearers of the petitioner engineers association on par with other trade unions and caste based service associations as illegal, arbitrary, discriminative besides violative of Arts. 14 and 19 of the Constitution of India; and

¶357

(il) consequently, direct the respondents to extend the privilege or protection to the officer bearers of the petitioner engineers association from being transferred in general transfer counseling every year; and to pass ”

¶358

All these multiple writ petitions are instituted by different Employees Unions/Associations, which formed with a main object to maintain unity and integrity in its respective employees. As the

¶359

10

¶360

common thread bear among the present cases are all similar^and identical cause of actions (questioning the transfer^{policyframedby} the respondents only), as such, this court is constrained^topass common order by clubbing all these cases.

¶361

The foundational thrust in all these writ petitions,^questioning the action of the respondent Corporations in not extending the protection of transfers/privileges to the petitioners’ office bearers, which were extended to the registered Employees Unions/Associations only, is against Article 14 of^{theConstitutionof} India. Therefore, the writ petitions were instituted^{beforethiscourt,} challenging the transfer policy Guidelines set out^{bytherespondent} Corporations’ authorities.

¶362

Apparently, counter-affidavits are filed on behalf of the respondents Corporation in W.P.Nos.20441 of 2017, 20863^of2016, 20991 of 2016, 17606 of 2017 and 19227 of 2017.

¶363

After unbundling of APSEB (A.P. State Electricity^Board),the AP GENCO/AP TRANSCO and DISCOMS emanated in the Electricity Sector. Consequent to the State Government G.O.Ms.No.102, dated 10.06.2016, AP TRANSCO issued the •' \ guidelines through Memo vide No.Addl.Secy/Ds(LIR&R)/

¶364

11

¶365

AS(LIR&R)/P0(IR)/JP0/185/2015,dated 15.06.2016 and 3rd Respondent/ APEPDCL has issued general transfer policy guidelines for the period 2016-17. In addition to the above referred unions, by virtue of another Memo dated 20.06.2016, the following Unions/ Associations were given protections/privileges from

¶366

transfers.

¶367

a. A.P Electricity Employees Union (Regd.No.1104)

¶368

b. A.P State Electricity Employees Union (Regd.No.327)

¶369

c.Telugunadu Vidyut Karmika Sangham(Regd.No.B-1245)

¶370

d.APSEB SC &ST Employees Welfare Association (Regd. No.1589)

¶371

e. Electricity Backward Classes Employees Welfare Association (Regd.No.1681/2006)

¶372

f.Electricity O.C. Employees Welfare Association (Regd.No. 1088/2008)

¶373

It is further stated by the respondent Corporation^authorities that the above protection was also enlarged to other^associations vide Memo No.EPCOR-60001 (01) /3 / 2016-3255-1 COR^/C.69727/

¶374

D.No.1/28370/16,dated 23.6.2016, which are in addition to above detailed a) to f) employee organizations, are as follows;-

¶375

g. APSEB Engineers Associations (Regd.No.874/1975)

¶376

12

¶377

h.APSEB Assistant Engineers Association (Regd.No.B473/1975) i.AP. Power Diploma Engineers Association (Regd.No.B473/1975)

¶378

j. A.P Electricity Employees Muslim Minority Association (Regd.No. 151/2010)

¶379

k. Y.S.R. Vidyut Employees Union (Regd.No.H-128)

¶380

It is also stated that the above transfer protection is applicable to the respective state presidents, secretaries, regional presidents/ secretaries and also to the Discom Presidents and Secretaries. Transfer protection will be for the station and not for the post.

¶381

Apart from that, in terms of interim directions issued by this Court, some other unions/associations were also included in the transfer protected list in Para 6(IV) of General Transfer^Guidelines

¶382

as follows:-

¶383

a.A.P Electricity Bahujana Employees Welfare Association(Regd. No 79/2011).

¶384

b. United Electricity Employees Union(Regd. No B- 1829/89) c. The A.P Power Engineers Association (Regd.No.279/09).

¶385

None represented for the petitioners in all the writ petitions.

¶386

13

¶387

Heard Sri Anup Koushik Karavadi, learned Standing Counsel for AP Transco and Ms. Aiswarya Chowdary, learned counsel representing Sri V.V.Satish, learned Standing Counsel for AP Transco and G.P. for Energy.

¶388

•V

¶389

1

¶390

The learned counsels for the respondent Corporations brought to the notice of this court, with regard to the letter^{No.ENE01/5060P}

¶391

A3/2019-20, dated 29.08.2019, which was issued by the Government of A.P in relation to the recognition of unions/associations. The relevant portions of the same are

¶392

extracted, here under for ready reference:-

¶393

(i). Recognition:

¶394

(a). The Trade Unions recognized under I.D Act,1947 by Labour Department as on the date of formation of new State of AP may alone shall be recognized, till secret ballot elections are conducted by Labour Department.

¶395

(b). The associations who signed the tripartite agreement in the erstwhile State of AP alone shall^he recognized, till secret ballot elections are conducted by respective utilities.

¶396

(c). No caste, religion, regional Associations/Unions^will not be recognized.

¶397

(ii) Privileges and Transfer Protection:

¶398

(a). Only recognized Trade Unions shall be eligible.

¶399

14

¶400

(b). Only recognized Association shall be eligible

¶401

(c). Privileges/Transfer Protection shall be limited to only one member from each recognized Union/Association across state/zone/circle/division etc. and may be either president /secretary/any other nominee of the recognized union/association.”

¶402

Further, the learned counsel for the respondent Corporations also submitted that the very same transfer policy in respect of the privileges and transfer protection, issue came up before^theHon’ble Division Bench of this court in W.A. No. 192 of 2019.

¶403

In this scenario, it is appropriate to note the Hon’ble^Division Bench orders dated 29.10.2019 in W.A. No. 192 of 2019 of this Court which attained finality. This court has gone through^thesameand the relevant paras in the above orders read as under;-

¶404

“10.Since, it is the stand of the respondents that, adhering to the Instructions of the State Government issued vide G.O.Ms.No.45, dated 24.06.2019, and Circular Memorandum, dated 16.09.2014, and 27.09.2014 the benefit is being extended only to the recognized unions and associations,^this Court absolutely does not find any discrimination in^the said action. Admittedly, the issue pertains to transfers.

¶405

11.Having regard to the above reasons, this Court is neither persuaded nor inclined to interfere with the policy matter of the State Government which is sought to be assailed in all these Writ Petitions. However, it is open for the petitioners

¶406

15

¶407

herein to approach the concerned authorities by way^offresh written representations and for consideration of the same by the respondents strictly in accordance with law.”

¶408

Consideration of the court:

¶409

Reverting to the instant batch of cases, the entire case of the writ Petitioners/Associations seeking for protections/privileges IS relating to the transfers and other incentives bestowed by the respondent Corporations authorities, under the cover to safe guard, the interests, welfare of the employees those are associated^with their respective organisations. The petitioners also projected that the non-extension of protection/privileges on par with the recognized unions/associations leads to violation of Article 14 of the Constitution of India.

¶410

Whereas, arguments advanced by the learned counsel for the respondent Corporations is that the transfer is an incidence of service of employee. In fact, the transfer policy aims to shift/adjust the employees in the suitable positions, by taking^{intoconsideration} of their overall perceptions, etc. The policy of the^transfer comes under the administrative ambit of the employer, why because, the employer alone is well acquainted with the work activities and abilities of their employees than anybody else. Thus, decision-

¶411

16

¶412

making in respect of transfers of their employees squarely^fallsto

¶413

the arena of the employer only.

¶414

It is very true that transfers and postings are a normal incidence of service for every employee. The transfer^ofemployees is part and parcel and fundamental routine administrative^work. In fact, transfer is primarily aimed at ensuring the smooth^{functioningof} institutions, also streamlining governance and also the administration of corporations to reach their tasks.

¶415

It is well settled legal principle, as clarified by^acatena of judicial precedents by the Apex Court, that the authority^totransfer employees falls within the exclusive domain of the^{employersoasto} allow operational efficiency in the administrative^path. Unless and until, it is shown from the record that the order of^{transferisadirect} outcome of malafide or extraneous considerations or contrary to the statutory provisions or employment guidelines, the^{Courtshouldnot} interfere in such orders of transfer as held in N.K. Singh Vs. Union of lndia^]State of M.P. Vs. S.S. Kourav^: and recently in Pubi Lombi Vs. State of Arunachal Pradesh and others^.

¶416

'(1994) 6 see 98 ^(1995) 3 see 270 ^2024 see online Se, 279

¶417

17

¶418

In fact, employee unions also play a vital role inI safeguarding the interest of workers and ensuring their concerns are addressed, Recognizing this crucial function the Trade Unions Act 1926, had formally recognized the legitimacy of trade unions granting them legal status and certain pri privileges in order to collectively bargain and represent employees. But, at the same time, this recognition does not extend the absolute Immunity from transfers of its office bearers, as such an exemption would interfere with the employer's right to manage its employees efficiently.

¶419

Another facet is that, due to the advent of information technology is paving the way to the interactions/meetings with the union representatives with its member employees are coming to closure. Thus, a mere distance of place IS not at all a hurdle to the Unions/Associations to protect the best interests of the employees.

¶420

Now, the challenge for courts and adjudicating forums lies in striking a harmonious balance between the employer’s prerogative to administer the transfers and the employees’ legitimate expectations of fairness in espousing the voice of employees. In this context. none of the parties can be rendered remediless, Infact Courts have consistently held that genuine grievances regarding

¶421

18

¶422

transfer orders should be addressed through appropriate administrative circles rather than the intervention^{underArticle226} of the Constitution of India. The Apex Court in Shilpi^Bose Vs.

¶423

State of Bihar* held that;-

¶424

“If the transfer order has been passed in violation of Government policy decision and Guide lines the High Court should not interfere with such an order and persons aggrieved can make representation before the authority concerned.”

¶425

The learned Single Judge of the Allahabad High Court^inVijay Kumar Saxena Vs. Dy. Director of Education^, while^dealingwith the transfer issue relating to the office bearer of^{theemployees’} Association, had not interfered and also relegated^{himtoapproach} the concerned authority for redressal.

¶426

This Court, in similar circumstances in W.P.No.21717^of2016 and batch, in respect of transfer policy, after going^{throughallthe} relevant aspects and G.Os, disposed of the writ petitions.

¶427

Though this court is conscious of the fact that the^challengeis made in respect of transfers, relates to the old period,^butasthe issue involved is in perennial in nature. Added to^{that,fromaplain} reading of the counter, it appears that the respondent^Corporations

¶428

‘’1991 Supp (2) see 659 ^1993 see Online All 204

¶429

19

¶430

authorities, had shown inclusivity rather than the axclusivity, and also keeping 'n view the well settled legal principles referred to supra and the verdict dated 29.10.2019 i in W.A. No. 192 of 2019 of the Hon’ble Division Bench this Court is inclined to dispose of the batch of writ petitions i n the following manner;

¶431

i. The writ petitioners are granted liberty to prefer fresh written

¶432

representations with all particulars by duly enclosing the relevant

¶433

documentary proofs to the competent authorities of the

¶434

respondent corporations, wi within a period of four (4) weeks, from

¶435

the date of receipt of copy of this order.

¶436

ii- On such representations being made within a period of six (6)

¶437

weeks thereafter, the competent authority of the respondents shall

¶438

dispose of the same by passing the speaking orders, in

¶439

accordance with the law. The respondent authorities shall

¶440

communicate copy of such orders to the petitioners.

¶441

With the above directions all the writ petitions are disposed of.

¶442

There shall be no order as to costs.

¶443

Pending miscellaneous applications, if any, shall stand closed.

¶444

Sd/- SHAIK IWOHD. RAFI //TRUE COPY// ASSISTANT REGISTRAR

¶445

To,

¶446

SECTION OFFICER

¶447

The PrI. Secretary, State , . P „ of Andhra Pradesh, Department of Energy I & ’ ' ■ Velagapudi, Amaravathi.

¶448

The Chairman and Managing Director, Transmission Corporation of AP

¶449

Ltd. Vidyut soudha, Vijayawada.

¶450

Distribution Co, of

¶451

1. The Chairman & Managing Director, Southern Power A P Ltd., Tirupati, Chittoor District.

¶452

Distribution Co. of

¶453

1. The Chairman & Managing Director, Eastern Power A P Ltd., Corporate Office, Visakhapatnam.

¶454

Director, A.P GENCO, Vidyut Soudha,

¶455

1. The Chairman & Managing Vijayawada.

¶456

The Chief General Manager [HRD] AP TRANSCO Vijayawada.

¶457

OneCCto Sri. Kaviti Murali Krishna Advocate [OPUC]

¶458

OneCCto Sri. A K Jayaprakash Rao Advocate [OPUC]

¶459

One CC to Sri. Peeta Raman Advocate [OPUC]

¶460

One CC to Sri. V V Satish (SC for APEPDCL) [OPUC] 11. One CC to Sri. Venkata Rama Rao Kota (SC for APSPDCL) [OPUC]

¶461

One CC to M/s. Jagarlamudi Koteswari Devi Advocate^[OPUC] 13. One CC to Sri. N Siva Reddy(SC For APTRANSCO) [OPUC] 14. One CC to Sri. Nagaraju Naguru (SC for APGENCO) [OPUC] 15. One CC to Sri. M Ravindra (SC for APEPDCL)[OPUC] 16. Two CCS to GPfor Energy, High Court Of Andhra Pradesh. [OUT]

¶462