Telangana High Court
Greater Visakhapatnam Municipal ... vs The State Of Andhra Pradesh, on 22 November, 2018
Author: Sanjay Kumar
Bench: Sanjay Kumar
THE HON'BLE SRI JUSTICE SANJAY KUMAR
AND
THE HON'BLE SRI JUSTICE M.GANGA RAO
I.A.No.1 of 2018 in WRIT APPEAL No.1443 of 2018
and
WRIT APPEAL No.1443 of 2018
COMMON JUDGMENT:(per SK,J) The appellant is the petitioner in W.P.No.13414 of 2018 which was dismissed by a learned Judge of this Court vide common order dated 10.07.2018. However, as the appeal was preferred with a delay of 77 days, I.A.No.1 of 2018 was filed therein seeking condonation of the said delay.
Heard Sri Y.Surya Prasad, leaned counsel for the appellant- petitioner union, and Sri S.Lakshminarayana Reddy, learned counsel for the third respondent corporation.
The appellant-petitioner is the Greater Visakhapatnam Municipal Employees Union. The cause sought to be espoused by it in the writ petition was with regard to the wages payable to outsourced daily wage sanitation workers. The learned Judge non-suited the appellant-petitioner union on the ground that it had to go before the Administrative Tribunal in terms of the law laid down by the Supreme Court in L.CHANDRA KUMAR V/s. UNION OF INDIA1.
Though Sri Y.Surya Prasad, learned counsel, would contend that the learned Judge erred in holding to the effect that outsourced daily wage sanitation workers need to go before the Tribunal and that W.P.Nos.18846 and 28022 of 2018 have already been entertained on this issue, we are of the opinion that the appellant-petitioner union cannot espouse the cause of its individual members, even if they are outsourced 1 (1997) 3 SCC 261 2 employees and they must necessarily come before this Court individually to seek relief in their own right.
We are therefore not inclined to entertain this appeal filed by the appellant-petitioner union. That being so, we see no reasons to condone the delay in the presentation of the appeal.
I.A.No.1 of 2018 in W.A.No.1443 of 2018 is accordingly dismissed. In consequence, W.A.No.1443 of 2018 is also dismissed. We however make it clear that we have not gone into the issue arising for consideration in this appeal as to whether outsourced daily wage sanitation employees of the Greater Visakhapatnam Municipal Employees Union would have to approach the Tribunal in terms of the law laid down by the Supreme Court in L.CHANDRA KUMAR1 or whether they can come directly before this Court. The said issue is left open to be addressed in an appropriate case.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
_______________ SANJAY KUMAR,J ______________ M.GANGA RAO,J Date:22.11.2018 GJ