IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE DR JUSTICE K. MANMADHA RAO

WRIT PETITION Nos: 7206 OF 2021, 935, 937, 1453, 1491 OF 2020, 5789, 5993, 7657 and 982 OF 2020, 7236, 7246, 7274, 7279, 7289, 7297, 7298, 7303, 7305, 7307, 7326, 7361, 7393, 7427, AND 7910 OF 2021,

WRIT PETITION NO: 7206 OF 2021

Between:

M/s. Krishna District Milk Producers Mutully Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijavawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54. Kovelámudi vari street, Survaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301
• 4. Baplusupati Ammaiah, S/o. Guravaiah, Jaggayyapeta (Md), Krishna (dt)

...RESPONDENTS

2'"^ respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to ³ : GP FOR LABOUR

Counsel for the Respondent No.4 : NONE APPEARED

WRIT PETITION NO: 935 OF 2020

Between:

Krishna District Milk Producers Mutually Aided Cooperative, Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Devabhaktuni Bala Raju, D.No.7-79, A.V. Rao Road, Kamayyathopu, Vijayawada.

...RESPONDENTS

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 937 OF 2020

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Nukala Satyanarayana, D.No. 5-7/7-15/8, K.L.Rao Nagar, Chittinagar, Vijayawada-9, Krishna District.

...RESPONDENTS

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 1453 OF 2020

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District, O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads. Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District, 29-28-1/54. Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Banka Venkata Ramana Rao, S/o. Thataiah, D.No. 4-3-19, Chittinagar, Vijayawada-9, Krishna District.

...RESPONDENTS

$-5-$

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 1491 OF 2020

Between:

Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR and Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Sunkara Satyanarayana, S/o. Bulli Venkaiah, Indiranagar, Hanuman Junation, Krishna District.

...RESPONDENTS

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 5789 OF 2020

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmalah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District, O/o Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District,
• 2. The Dy. Commissioner of Labour, Krishna District, 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Bachinappa Koteswara Rao, S/o. Viswanadham, D.No. 8-100, Behind Ayyappa Temple, Jaggaiahpeta, Krishna District.

...RESPONDENTS

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 5993 OF 2020

Between:

M/s.Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Sk.Moula Saheb, S/o. Abdul Nabi Saheb, Rudravaram, Nandigama (Md), Krishna District.

...RESPONDENTS

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 7657 OF 2020

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. 0/0 Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District,
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Potharlanka Anjaneyulu, S/o. Raghavulu, D.No. 4-16-4A, Lambadipeta, Vijayawada -9, Krishna District.

...RESPONDENTS

$9 -$

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 982 OF 2020

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. 0/0 Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District,
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Pinnamaneni Vithal Ranga Rao, S/o. Poornachandra Rao, D.No. 27-44, Kabela Road, Vijayawada -12, Krishna District.

...RESPONDENTS

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 7236 OF 2021

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR and Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory Vijayawada 520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District, O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District, 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. L. Venkata Rama Rao, S/o. Raja Rao, D.no. 1/619, GVR Complex, Gudivada, Krishna (dt)

...RESPONDENTS

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 7246 OF 2021

Between:

M/s. Krishna District Milk Producers Mutully Aided Cooperative Union Limited, rep by its Manager (IR and Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Jada Mariyadas, S/o. Pitchaiah, Makkapeta, Vatsavai (Md), Krishna (dt)

...RESPONDENTS

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4 : NONE APPEARED

WRIT PETITION NO: 7274 OF 2021

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• The Dy. Commissioner of Labour, Krishna District 29-28-1/54. Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Nandigam Sivabrahmachary, S/o. Rama chari, MIG. 167/1, APHB Colony, Vijayawada-12, Krishna (Dt)

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the 2^nd Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the $2^nd$ respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 7279 OF 2021

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelámudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. K.Surendra Babu, S/o. Kamalanabham, Mopidevi, Krishna (dt)

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the $2^{nd}$ Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the $2^{nd}$ respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4 : NONE APPEARED

WRIT PETITION NO: 7289 OF 2021

Between;

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged ⁴⁵ years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District.O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street ^X Roads, Seetharampuram, Vijayawada - ⁵²⁰ 002, Krishna District. 1.
• The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi van street, Suryaraopet, Vijayawada - 520 002. 2.
• The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301. 3.
• T.Prabhu Das, S/o. Rama Swamy, D.No. 20-6-99, Santhinagar, Near Lotus, Vijayawada -3, Krishna District. 4.

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the 2"'^ Respondent as arbitrary, illegal and violative of Art. 14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the 2 nd respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to ³ : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 7297 OF 2021

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

$15-$

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District,
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelámudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301
• 4. Velpula Bangaraiah, S/o. Pullaiah, Chillakallu, Jaggaiahpeta (Md), Krishna District.

...RESPONDENTS

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. Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the $2^nd$ Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the 2^nd respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 7298 OF 2021

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory. Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District, O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District,
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301
• 4. K. Yesupadam, S/o. Samuel, Meduru, Pamidimukkala (Md), Krishna (dt)

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the 2^nd Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the 2^nd respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 7303 OF 2021

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged ⁴⁵ years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Departmentof Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Madasu Venkata Reddy Naidu, S/o. Venkateswara Rao, D.No. 30-12-8, Ayyanna Naidu Street, Durga Agraharam, Vijayawada -2, Krishna (dt)

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the 2^^^ Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the 2"^* respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to ³ : GP FOR LABOUR

Counsel for the Respondent No.4 : NONE APPEARED

WRIT PETITION NO: 7305 OF 2021

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District, O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelámudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Sirisipalli Ananda Rao, S/o. Kanakaiah, D.No. 9-48/4, Kummari Veedhi, Kothapeta, Vijayawada -1, Krishna District.

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt. 15-10-2019 of the 2^nd Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the $2^{nd}$ respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 7307 OF 2021

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijavawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Jawaii Venkateswarulu, S/o. China Pullaiah, D.No. 6-78, Jaggayyapeta (Md). Krishna District.

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019. dt 15-10-2019 of the $2^nd$ Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the 2^nd respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4 : NONE APPEARED

WRIT PETITION NO: 7326 OF 2021

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. 0/0 Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads. Seetharampuram, Vijayawada - 520 002, Krishna District,
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelámudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301
• 4. G. Jeevamani Lal, S/o. Srinivasa Rao, D.No. 1/4/8/16, Kamakoti Nagar. Vijayawada-12, Krishna District.

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the 2^nd Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the $2^nd$ respondent to entertain the appeal and application to condone the delay and deal with the same on merits

Counsel for the Petitioner : SMT. A. V. S. LAXMI Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR Counsel for the Respondent No.4: NONE APPEARED

WRIT PETITION NO: 7361 OF 2021

Between:

M/s Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijavawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Valluri Danaiah, S/o. Venkata Ratnam, D.No. 10-140/1, Gudlavalleru, Krishna District.

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the $2^nd$ Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the 2^nd respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged ⁴⁵ years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street ^X Roads, Seetharampuram, Vijayawada - ⁵²⁰ 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. Musala Subba Rao, Pamula Kalva Center, Ambapuram, Vijayawada Rural, Krishna District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue ^a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the 2"^^ Respondent as arbitrary, illegal and violative of Art. 14 and 16 of the Constitution of India besides the provisions of Paymentof Gratuity Act and by nullifying the same direct the 2"^^ respondent to entertain the appeal and application to condone the delay and deal with the same on merits. in

Counsel for the Petitioner :SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to ³ ; GP FOR LABOUR

Counsel for the Respondent No.4 : NONE APPEARED

Between:

M/s. Krishna District Milk Producers Mutually Aided Cooperative Union Limited, rep by its Manager (IR & Legal), Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

$-25-$

...PETITIONER

AND

• 1. State of Andhra Pradesh, rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads. Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. M.Venkatramaiah, S/o. Ammaiah, D.No. 10-7-37/1, Chenchupeta, Tenali, Guntur District.

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Endt.No.B/NDIS/2019, dt 15-10-2019 of the $2^nd$ Respondent as arbitrary, illegal and violative of Art.14 and 16 of the Constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the 2^nd respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner :SMT. A. V. S. LAXMI Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR Counsel for the Respondent No.4 : NONE APPEARED

WRIT PETITION NO: 7910 OF 2021

Between:

M/s. Krishna District Milk Producers, MutJally Aided Cooperative Union Limited, rep by its Manager (IR & Legal). Sri B. Lakshmaiah, S/o. Late Sri Venkaiah, aged 45 years, O/o. Chitti Nagar, Milk Products Factory, Vijayawada-520009.

...PETITIONER

AND

• 1. State of Andhra Pradesh rep. by its Secretary, Department of Labour and Employment, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District, 29-28-1/54. Kovelannudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. M.Prasada Rao, S/o. Aggiramudu, Gudlavalleru (Mandal), Krishna (Dt)

...RESPONDENTS

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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo vide Enat.No.B/NDIS/2019, dt 15-10-2019, of the 2^nd Respondent as arbitrary, illegal and violative of Art.14 and 16 of the constitution of India besides the provisions of Payment of Gratuity Act and by nullifying the same direct the $2^nd$ respondent to entertain the appeal and application to condone the delay and deal with the same on merits.

Counsel for the Petitioner : SMT. A. V. S. LAXMI

Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR

Counsel for the Respondent No.4: NONE APPEARED

The Court made the following: COMMON ORDER

APHC010127472021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310] (Special Original Jurisdiction)

FRIDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION Nos: 7206 of 2021, 935, 937, 1453, 1491, 5789, 5993, 7657 and 982 of 2020, 7236, 7246, 7274, 7279, 7289, 7297, 7298, 7303, 7305, 7307, 7326, 7361, 7393, 7427 and 7910 of 2021

WRIT PETITION NO: 7206/2021

Between:

M/s Krishna District Milk Producers Mutully Aided Cooperative ... PETITIONER Union Limited

AND

State Of Andhra Pradesh and Others

$...RESPONDENT(S)$

Counsel for the Petitioner:

1.A V S LAXMI

Counsel for the Respondent(S):

1.GP FOR LABOUR

The Court made the following:

COMMON ORDER:

As the issue involved in these writ petitions is one and the same, these matters are taken up together for disposal by this Common Order.

Former Digits

2. The facts in these writ petitions are similar and identical, therefore W.P.No.7206 of 2021 is taken as lead case, and the facts therein are referred to for convenience.

3. The facts of the case in nutshell are that the 4^^ respondent employee of organization, retired long ago. He filed an application before the 3'"'^ respondent by filing PG No.96/2015 claiming the difference of gratuity preceding their regular employment with long delay. Despite of his contention with reference to delay, maintainability, lack of evidence, the 3'^^ respondent allowed the application by an order dated 09.10.2018. The order of the O'"* was respondent was based on no evidence and the petitioner has not discharged his burden in proving the working days. It is stated that after passing the said order, the respondent continuously chased the petitioner for payment of the amount and obtained cheques drawn in the name of the respondent. Therefore, the petitioner consulted their lawyer for taking decision to file appeal with some administrative delay. Under the provisions of the Gratuity Act, the 2^^ respondent is vested with the power to condone the delay upto 60 days. Accordingly, the petitioner filed an appeal before the 2^^ respondent, but the same was returned with an endorsement dated 08.07.2019, which received by the petitioner on 16.07.2019. was Thereafter, the petitioner resubmitted the papers on 24.07.2019. Even though the petitioner submitted all relevant documents, the 2"^^ respondent again sent a communication vide Endt.No.B/NDIS/2019, dated 15.10.2019, which reads as under:

4. Returned

2

2. No amount as stand deposited is lies with the Authority and Assistant commissioner of Labour, Gudiwada, the petitioner in this appeal and opposite party before lower Authority had deposited the awarded amount without protest and stated that, hey are sending the cheques to disburse to the individuals without requested of any objection on their behalf.

3. the petitioner requested to resubmit the petition duly furnishing the grounds for appeal.

nd Even though the petitioner submitted all relevant material, the ² rd respondent returned the appeal, is highly illegal and arbitrary, When once ³ respondent accepted the cheques drawn in the name of the respondents, the 2"^^ respondent cannot insist for the deposit of equal amount for receiving the appeal. Therefore, questioning the action of the 2"^^ respondent, the petitioner has filed the present writ petition.

4. The pleadings which are cited by the petitioner in W.P.No.7206 of 2021, the same are adopted by the other petitioners in other writ petitions i.e.. W.P. Nos. 935, 937, 1453, 1491 of 2020, 7236, 7246, 7274, 7279, 7289 7297, 7298, 7303, 7305, 7307, 7326, 7361, 7393, 7427 and 7910 of 2021.

5. Heard Sri Appa Rao, learned counsel representing Smt. A.V.S Laxmi, learned counsel appearing for the petitioners and learned Assistant Government Pleader for Labour appearing for the respondents.

6. On hearing, learned counsel appearing for the petitioners while reiterating the averments made in the petition, submits that, the impugned respondent is highly illegal and arbitrary. nd communication sent by the 2 When once the 3'"'^ respondent, accepted the cheques drawn in the name of respondent cannot insist for deposit of the equal nd the respondents, the 2

amount for receiving the appeal. Had he respondent refused to receive the cheques, the petitioners would have deposited the amount. He submits that the official respondents, having received the cheques and disbursed the amounts on their own cannot turn around and say that the amounts have not been deposited. He further submits that, as seen from bank statements of the petitioners, almost all the cheques have been encashed by the 4'^ respondent on the basis of the cheque disbursed by the 3'"^ respondent, respondent has not advised the petitioners that only amount needs to be deposited but not cheques. The intention of the rule is that the amount need The 3 to be with the 3^'^ respondent and by obtaining ^a certificate from him, the appeal is to be presented. He submits that the spirit and the purpose of the statutory provisions had been complied with and the 2 nd respondent cannot insist or return of the appeals only on the ground that deposit receipt is not enclosed. He submits that the right of the appeal is ^a valuable statutory right which cannot be frustrated by the 2"^ respondent. If the illegal order of the 3'*^ respondent is not set aside, it will result in substantial hardship and prejudice to the petitioners. Therefore, learned counsel submits that without appreciating the legal and factual matrix involved in these cases, declining to entertain the appeals, is highly illegal and arbitrary. Hence, learned counsel for the petitioners requests this Court to pass appropriate orders.

7. Learned Assistant Government Pleader for Labour appearing for the respondents opposed for grant of any relief in these writ petitions and prayed to dismiss the same.

8. Having regard to the facts and circumstances of the cases and on considering the submissions of learned counsel for the petitioners, without touching the merits of the cases, in the interest of justice, this Court is inclined to dispose of the present writ petitions.

Accordingly, the all the Writ Petitions are disposed of. The 9. impugned Memos in all the writ petitions are hereby set aside. Further, the 2^nd respondent is directed to entertain the appeals and applications to condone the delay and dispose of the same, as expeditiously, as possible, by affording an opportunity to the petitioners, in accordance with statutory provisions under law.

10. There shall be no order as to costs.

11. As a sequel, all the pending miscellaneous applications shall stand closed.

//TRUE COPY//

Sd/-G.SRINIVASA REDDY DEPUTY REGISTRAR

SECTION OFFICER

To,

• 1. The Secretary, Department of Labour and Employment, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. O/o. Commissioner of Labour, Paturi's Pride, Papaiah Street X Roads, Seetharampuram, Vijayawada - 520 002, Krishna District.
• 2. The Dy. Commissioner of Labour, Krishna District 29-28-1/54, Kovelamudi vari street, Suryaraopet, Vijayawada - 520 002.
• 3. The Asst. Commissioner of Labour, Patimeeda, Gudivada, Krishna District-521301.
• 4. One CC to Smt. A. V. S. Laxmi, Advocate [OPUC]
• 5. Two CCs to GP for Labour, High Court of Andhra Pradesh. [OUT]
• 6. Three C.D. Copies.

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HIGH COURT

DATED:26/07/2024

COMMON ORDER

WRIT PETITION Nos; 7206 OF 2021 935, 937,1453, 1491 OF 2020, 5789, 5993, 7657, 982 OF 20207236, 7246, 7274, 7279, 7289, 7297, 7298, 7303, 7305, 7307 7326, 7361, 7393, 7427, AND 7910 OF 2021,

DISPOSING OF THE W.Ps WITHOUT COSTS

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