IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

WEDNESDAY, THE THIRD DAY OF JULY, TWO THOUSAND AND TWENTY FOUR

:PRESENT:

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

IA No. 1 OF 2024

IN

WP NO: 9813 OF 2024

Between:

• 1. The Andhra Pradesh Southern Power Distribution Company Limited, Rep., by its Chairman and Managing Director, Corporate office, Tirupathi.
• 2. The Superintending Engineer, Kurnool Operation Circle, APSPDCL, Kurnool District.

...Petitioners (Petitioner in WP 9813 OF 2024 on the file of High Court)

AND

• 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Labour and Factories Department, Secretariat Buildings, Velagapudi Buildings, Amaravati.
• 2. The Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Ananthapuramu.
• 3. B.Satyanaryana, S/o B.Krishnaiah, Aged about 50 years, Occ Unknown, R/o.H.No.51-980-359, LR.Nagar, Kurnool, Kurnool District.
• 4. N. Gopal Krishna Murthy, M/s. Dataware Copmuter Service, Private Accounting Agency for A.P.C.P.D.C.Ltd, Shraff Bazar, No.13, Old Bus Stand, Kurnool

...Respondents (Respondents in-do-)

Counsel for the Petitioners: SRI V R REDDY KOVVURI Counsel for the Respondent No.1: GP FOR LABOUR

Petition under Section 151. CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all further proceedings in Award, dated 10.11.2023 made in I.D.No.118 of 2017 on the file of the Industrial Tribunalcum-Labour Court, Ananthapuramu, pending disposal of WP No.9813 of 2024, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER:

"Assailing the award dated 10.10.2023 passed in ID No.118 of 2017 on the file of learned Industrial Tribunal-cum-Labour Court. Ananthapuramu, the above writ petition is filed.

Heard.

Learned counsel for the petitioner would submit that there is no relationship of employer and employee between the petitioners and respondent No.3. He would submit that respondent No.3 was engaged by respondent No.4, Private Accounting Agency and in fact, respondent No.4 terminated respondent No.3 on 01.10.2016. He would submit that pursuant to the award, dated 10.10.2023, respondent No.3 was not engaged in the services. He would further submit that though Execution Petition was filed by respondent No.3, no order was granted.

Whether, there exists any relationship of employer and employee between the petitioners and respondent No.3, requires examination.

In view of the above, there shall be stay of all further proceedings pursuant to the award dated 10.10.2023 passed in ID No.118 of 2017 on Court, Tribunal-cum-Labour file $of$ learned Industrial the Ananthapuramu." Sd/- K. KASIRAO ACHARI

I/TRUE COPYII

For $A$

SECTION OFFICER

ASSISTANT REGISTRAR

To.

• 1. The Principal Secretary, State of Andhra Pradesh, Labour and Factories Department, Secretariat Buildings, Velagapudi Buildings, Amaravati.
• 2. The Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Ananthapuramu.
• 3. B.Satyanaryana, S/o B.Krishnaiah, R/o.H.No.51-980-359, LR.Nagar, Kurnool, Kurnool District.
• 4. N. Gopal Krishna Murthy, M/s. Dataware Copmuter Service, Private Accounting Agency for A.P.C.P.D.C.Ltd, Shraff Bazar, No.13, Old Bus Stand, Kurnool (Addressee Nos.1 to 4 By RPAD)
• 5. One CC to Sri. V.R.Reddy Kovvuri, Advocate [OPUC]
• 6. Two CCs to GP for Labour, High Court of Andhra Pradesh. [OUT]
• 7. One spare copy

MM

HIGH COURT

SRS,J

DATED:03/07/2024

NOTE: POST AFTER FOUR WEEKS

ORDER

IA.No.1 OF 2024 IN WP.No.9813 of 2024

INTERIM STAY