The High Court · 2025

2. The chairman, rDL rndusfties Limited, 4th Floor, chenoy Trade centre, park ' I:?,#flF#i+?,,,?',1","*t:[",f?t rj:?j;Xl:s Limited, Set er, rDL Rurar 4. Mr. Vasudeva Murthv. secretaryi Ex-Trustee, rDL Industries Linrited, seftrer, Kukatpally, Hyderabaci. Dismissed for defaurt as against Respondent No.4 as per court order dated 24.06.2011. ...RESPONDENTS Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High co urt may be pleased to call for the records from the l"trespondent in lD no. g0 rrf 2001 and issue an appropriate writ order or direction particurarry one in the nature of writ of certiorari and quash the Award passed by the 1"t Respondent in rD No g0 of 2001 dated 31-3-2008 pubtished on 19-6-2008 holding the same as illegal unjust contrary to law and perverse. WRIT PETI TION NO:2 1635 0F 2008 Between: B Sattaiah, S/o.Janoaiah. ag.ed about 54 years, occ: Ex.Emproyee in rDr_ rndustries Ltd., R/o.8-30, KaithZtapu., FtvOeraUiA_r g' AND 't. 2 3 ...PETITIONER " Additional lndustrial Tribunal-cum-Additional Labou c h ffi;;ffi -"iilj i, o i,i g' "dm;" i c i,;J;;h;,. ilii;;!, ?s ii;" i if , The Chairman, IDL lndustries Limited, 4th floor, Chenoy Trace Ct-,ntre, park Lane, SecunderabaC-3 rJ",ll Ili",#fl:xnJ+?*,?',1","J:l;",,!,?tnrjl?,,fg:i, Limited, senrer, rDL Rurar 4 I,I*Yffi "f,,r[i$';rf51'et"vre' rrustee, I DL Industries Limited, seft rer, ii:6H;01". defautr as asainst Respondent No.4 as per Court Order dated ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the High Court may be lD.No.82 of 2001 and in the nature of writ of nt in lD.No.B2 ot 2001 19.6.2008 holding the same as illegal, unjust circumstances stated in the affidavit filed therewith, the pleased to call for the records from the .l st respondent in tssue an appropriate writ order or direction particularly one Certiorari and quash the Awa rd passed by the 1st responde dated 31.3.2008 published on contrary to law and perverse. WR]T PETITION NO: 21636 oF 2008 Between: K. Teja, Sio. K. Mania. Ltd., Rlio. 19-47, Seva'tat aged ap.out 52 years, Occ: Ex-Employee in IDL lndustries Nagar, Kaithalapur, Hyderabad_1 8.' AND ...PETITIONER

1. Additional lndustrial Tribunal_cum_Additional Lat fi Xj# # #-h'!Sro i..i g oniE" i c i,liiiii,i r,?,. a'if8l! ?s Tf;" Iifl , tJ", ll I*":3A[X]aJ],jB:J11,.,,'". Limited, 4h Froor, chenoy rrace centre, park #i"'#ffi'+?,",?i1","#[",f?'"rJ:?:fyl:s8. Limited, seft rer, rDL Rurar [,]*r"t33ffidY,:t:vd-,s':*"tarylEx-rrustee, IDL Industries Limited, setser, ,TBAl%flar defautr as against Respondent No.4 as per Court Order dated ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to cafi for the records from the 1"r respondent in r.D.No.7B of 2001 and issue an appropriate writ, order or direction particurarry one in the nature of writ of Certiorari, and quash the Awa rd passed by the .l "t respondent in I.D.No.7g of 200't' dated 31-03.2008, pubrished on 16.06.2008, hording the same as iregar, unjust, contrary to law and perverse. , t t Between: WRIT PETITION NO: 21637 OF 2008 K.Shankar S/o. K. Mohan. aged about 52 years, Occ: Ex-Employee in I[)L lndustries Ltd., Rl/o. '19-64, Sevalal Nagar, Kaithalapur, Hyderabad-18. ...PETITIONER AND '1 . Additional lndustrial Tribunal-cum-Additional Labour Court, Rep. by its Chairman-cum-Presiding Officer, Chandravihar Building, 1"'Floor M.J. Road, Hyderabad - 1

2. The Chairman, IDL lndustries Limited, 4th Floor, Chenoy Trace (.)entre, Park Lane, Secunderabad-3.

3. The [Vlanaging Director, IDL lndustries Limited, Settler, IDL Rural Development Trust Kukatpally, Hyderabad-18.

4. Mr. Vasudeva Murthy, Secretary / Ex-Trustee, IDL lndustries Lim ted, Settler, Kukatpally, Hyderabid-1 B. Dismissed for default as against Respondent No.4 as per Court,lrder dated 24.06.2011. ...RESPONDENTS Petition under Arf icle 226 of the Constiti.rtion of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Corrrt may be pleased to call for the records from the 'l'r respondent in l.D.No, 66 of 201 and issue an appropriate wril, order or Direction, particularly one in the nature of writ of Certiorari, and quash the Award passed by the 1st respondent in l.l.).No. 66 of 2001, dated 31-3-2008, published on 19-6-2008, holding the same as illegal, uniust, contrary to law and perverse. WRIT PETITION NO:22702 OF 2008 Between: A. Prakash S/o. Sriramulu, aged about 46 years, Occ: Ex-Employee in IDL lndustries Ltd., R/o. 8-21 h, Kaithalapur, Hyderabad. AND ...PETTTTONER

1. Additional Industrial Tribunal-cum-Additional Labour Court. Reo. bv its Chairman-cum-Presiding Officer, Chandravihar Building, 1.t Floor, fr/.l. (oaO, Hyderabad - 1

2. The Chairman, IDL lndustries Limited,4th Floor, Chenoy Trace C;entre, park Lane, Secunderabad.

3. The Managing Director, !DL lndustries Limited, Setfler, IDL Rural Development Trust, Kukatpally, Hyderabad. 4 [,jiJ,5:iir1",]ir!lltlll secretary/Ex-rrusree rDL rndustnes Limited, setner, defautt as against Respondent No.4 as per Court Order ctated ...RESPONDENTS |;..ffi:rs5fl"r" ,o^'-u'"* petition under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be to ca' for the records from the 1st Respondent in rD No. 7g of 2001 and rssue an appropriate writ order or direction particurarry one in the nature of writ of certiorari and quash the Award passed by the 1st Respondent In rD No. 7g of 2001 dated 31-3-2008 pubrished on 16-6-2008 hording the same as iregar, unjust contrary to law and perverse. Betweenl WRIT PETITI ON NO: 28008 oF 2008 ?r3 tf UIsfl tri"Y,'Rli36,ir)li* ag:l : AND

1. Additional lndustriat b o ut + s vea rs, occ : Ho us e h o rd, Ri/o. ...PETITIONER S;3hS-r*E[1i,,lU%]fl ;?l8;lfl l,,i?li,il.bi?S,X!,?e,JL"["ni,H",,1] Lane, Secunderro"o ldJ"tti". Limited, 4th Floor, Chenoy Trace centre, park #%,#ii"X1i+Y,"rDi[u,'kt:i'i,,,i?t rJB?JfyJ:su Limited, set er, rDL Rurar

2. The Chairman, IDL h t

4. Mr. Vasudeva Murthv Kukatpally, Hyaerab# secretary/Ex-Trustee, IDL lndustries Limited, setler, ...RESPONDENTS petition under Articre 226 0f the constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to ca, for-the records from the 1'r respondent in ID No. 68 of 2001 and issue an appropriate writ, order or direction, particurarry one in the nature of writ of certiorari, and quash the Award passed by the 1.t respondent in ID No. 6g of 2001' dated 31-3-2008, pubrished on't9-6-2008, hording the same as iregar, unjust, contrary to law and peryerse. WRIT PETITION NO: 281 50 0F 2008 Between: M.Lingamaiah, _S/o.^Lq!s!qrgiqh, aged about 46 years, Occ: Ex-employee in IDL lndustries Ltd., R/o.8-231 1 , Kaithalapur, Hyderabad-18. AND . PETITTONER

1. Additional lndustrial Tribunal-cum-Additional Labour Court, Rep. bv its Chairman-Cum-Presiding Officer, Chandravihar Building, 1.t Floor, U.L. fioaO, Hyderabad - 1

2. The Chairman, IDL ln-dustries Limited,4h Floor, Chenoy Trade Centre, park Lane, Secunderabad-3.

3. The . Managing Director, IDL lndustries Limited, Setfler, IDL Rural Development Trust, Kukatpally, Hyderabad-18.

4. Mr Vasudeva Murthy, Secretary/Ex-Trustee, IDL lndustries Linrited, Settler, Kukatpally, Hyde.abad-1 8. ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia prayin{l that in the circumstances stated in the affidavit filed therewith, the High cou( may be pleased to call for the records from the 'l st respondent in l.D.No.73 of 2001 and issue an appropriate Writ, Qdsp or direction, particularly one in the nature of Writ of certiorari, and quash the Award passed by the 1st Respondent in l.D.No.73 of 2001, dated 31.3.2008, published on 16.6.2008, holding the same as iltegal, unjust, contrary to law and perverse. WRIT PETITION NOt 28174 OF 2008 Between: l.fo['^r,_9tq Kaloo, aged a--b9.r1t S-0 yea.rs,Occ: Ex-employee in IDL lnrlustries Ltd., Fi/o. '19-49, Sevalal Nagar, Kaithalapirr, Hyderabad-1g AND ...PETITIONER 1 Additional lndustrial Tribunal-cum-Additional Labour C Chairman-cum-Presiding Officer, Chandravihar Building, 1 Hyderabad-1 rt, llep. by its Floor, M.J.Road,

2. The Chairman, lDL. lndustries Limited, 4th Floor, Chenoy Trace ri)entre, park Lane, Secunderabad-3

3. The Managing Director, IDL lndustries Development Trust. Kukatpally, Hyderabad_18 Limited, Settler, IDL Rural 4 Mr Vasudeva lMurthy, secretary/Ex-Trustee, IDL rndustries Limited, settrer, Kukatpally, Hyderabad-1 B Dismissed for default as aqainst Respondent No.4 as per Court Order dated 24.06.2011. ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to call for the records from the 1't respondent in rD.No.75 of 2001 and issue an appropriate writ, order or Direction, particurarry one in the nature of writ of Certiorrari, and quash the Award passed by the f.trespondent in l.D.No.7s of 2001, dated 31'03.2008, pubrished on 16-6-2008, hording the same as iilegar, unjust, contrary to law and perverse. WRIT PETITlO N NO:28388 oF 2008 Between: f; iSf il??:?,.,:Stfl lA:"3:*:fl fl,;.::nT#H:j1,i,1",x,,i:{",ff :,"pJ#dE*Emp'ovee AND ...PETITIoNER 1' Additionar rndustriar. ..Triburrar-cum-Additionar Labour, court Rep.bv its chairman cum presidins oricer cnanoraiii,i, euirdi"d r iiFio"i'iliJhoro Hyderabad-1 2. The ctrairman, rDL rndustries Limited, 4rh Froor chenoy Trace centre park t Lane Secunderabad-3 rndustries Ltd ' seftrer rDL Rurar Deveropment #,"r,Y,?,1fl3,,i3,,r?'ij;i""?rl?h

4. Mr vasudeva Murthy, Kukatpalty Hyderabadll B ^ pisgls^s^e! for defaurt as against Respondent No.4 as per court order dated 24.06.2011. secretary Ex-Trustee rDL lndustries Ltd seftrer ...RESPONDENTS Petition under Articre 226 of the constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to call for the records from the 1st respondent in rD No.71 of 2001 and issue an appropriate writ order or direction particurarry one in the nature of writ of certiorari and quash the Award passed by the 1st respondent in rD No.71 of 2001 dated 31-3-2008 pubrished on 19-6-2008 hording the same as iilegar unjust contrary to law and perverse. WRIT PETITION NO: 28508 OF 2008 Between: 1 2 3 K. Venkat Rao S/o. Jangaiah (died per LRs.) $q] (-Swaqalatha, W/o. K.-Venkat.Rao, aged 40 years, Oc:c: Housewife, H. No.3-3 1 4, Venkatrao Nagar Colony, Kukatpa-lly, Hydi-,rabad. K. Amarender Rao, S/o. Late K. Venkat Rao, aged about 17 ve,ars. (clinicallv handicapped) H No.3-3'1 4, Venkatrao Nagar Col-ony, Kukatpally Hya;;;bil.' (Petitioners 2 and 3 are brought on record as LRs of deceased r;ole petitioner as per Court Order dated 19.03.2012 in W.p.M.p.No .24199 of 2011) AND 't. 2 3 4 ...PETITIONERS Additional lndustrial Tribunal-cum-Additional Labour, Court. Reo. bv its -ioaO, Chairman-Cum-Presiding Officer, Chandravihar Building, f "r Fforr, tri.j. Hyderabad The C_hairman, IDL lndustries Limited, 4th Floor Chenoy Trace, Centre park Lane Secundera bad-3. Jfe ltgnTSin9,Director, IDL Industries Limited, Setfler IDL Rural Development I rust, Kukatpally, Hyderabad. Mr_Vasudeva lvlurthy, Secretary/Ex-Trustee IDL Kukatpally, Hyderabad-'l 8. lndustries L mited Seftler ...RESPONDENTS Petition under Articre 226 of the constitution of lndia prayin,J that in the circumstances stated in the affidavit filed therewith, the High c,rurt may be pleased to call for the records from the 1't respondent in lD No.B9 of 2001 and issue an appropriate writ order or direction particularly one in the nature of writ of certiorari and quash the Award passed by the 1"t respondent in lD No.g9 of 2001 dt 31-3-2008 published on 19-6-2008 holding the same as illegal unjust contrary to law and perverse. WRIT PETITION NO:28834 0F 2008 Between: M.Fakeera, s/o.Devja, aged ab-out 48 years, occ: Ex-employee in lt.)L lndustries Ltd., Fl/o.19-54, Sevatal Nigar, Kaithalapr,: ftVA"iJOaO'-f A. AND ...PETITIONER '1. Additional Industriar rrib^q!ar-cum-Additionar Labour, court, rep. bv its chairman-cum-presidino officer, chandravirrir euirding, riiFi""",ii.l. iL"a Hyderabad-1 . Lane, Secunderabad-3.

2. The Chairman. IDL lnrtustries Limitei,, 4th Floor, Chenoy Trade Centre, park t 4. Mr.Vasudeva Mu(hv. S #i",#flsn'+n .,,o',1","nt:["'f?i.,ril?J;:t:su Limited, Se*rer, r DL Rurar IDL lndustries Limited, Set,er, Kukatpally, HVOeraOaO-f SfretaryiEx-Trustee, 3i:6frs,1ar. defautt as against Respondent No.4 as per Court Order dated ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to ca, for the records from the 'tst respondent in r.D.No.g' 0f 2001 and issue an appropriate writ, order or direction particurarry one in the nature of writ of certiorari' and quash the Award passed by the 1"t respondent in r-D.No.g5 0f 200r, dated 31.3.2008, pubrished on 10.7.2008, hording the same as iregar, unjust, contrary to law and perverie. WRIT PET]TION NO: 28835 O F 2008 Between: B. Mallesham, S/o.Mahadevappa, aged about 54 years, Occ: Ex Employee in IDL r nd u stries Lrd. 3-3.t 4, venr<atrid t ias;; 6;;;, f Jrrripl lrv, Hy derabad _7 2 AND ...PETITIONER Additional lndustrial Trihunal-cum-Additional Labour, Court, reo. bv its c h a i rma n -cu m - p re s id i n o ofrfe r, C h ; ft;;i #,. e;: il"i ;; 1 ;iF i;b r: ;riJ. Kt, d |}fr":!!ffiil lDlolndustries Limited, 4h Floor chenoy Trace centre, park

1. 2 - 3 4 Ill"yftl?g'#,'B:,.fi"rl8:,lB:Jl,tstries Limited' Settrer rDL Rurar Deveropment Mr Vasudeva Murthv. Secretary/Ex-Trustee rDL rndustries Limited, setfler, Kukatpally, Hyderaba-d-1 8 ...RESPONDENTS Petition under Articre 226 0t the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the' High court may be pleased to calr for the records from the 'r'r respondent in rD No.g7 of 2oo1 and issue an appropriate writ order or direction particurarry one in the nature of writ of certiorari and quash the Award passed by the 1't respondent in rD No.g7 of 2001 dated 31 -3-2008 published on 19-6-2008 holding the same as illegal unjust contrary to law and se1/ice' WRIT PETITION NO : 28836 OF 2008 Between: Smt. A. Durgamma W,tr. Late A. Sriramulu, aged about 45 years, oc:c: Household, dl o. 6-2-17 8-, Kukatpal y, Hyderabad-7 2 .,.PETITIONER AND

1. Additional lndr,strial Tribunal-cum-Additional Labour court rep. by its ' Ctiir,""rn.rm-Dresiding officer, Chandravihar Building, '1" Fl'>or' M J Road HYderabad-1

2. The Chairman, IDL lndustries Limited, 4h Floor, Chenoy Tracr> Centre, Park Lane, Secunderabad-3

3. The Managing Director, IDL lndustries Ltd settler IDL Rurai Development Trust KukaPatllY HYderabad-1 8

4. Mr. Vasudeva lvlurthy, Secretary/Ex-Trustee IDL lndustries Limited, settler, KukatPallY, HYd erabad-1 B Dismissed for default as against Respondent No.2, 3 & 4 as p'-'1 Court Order dated 24 06 2o'1 ...RE:'P.NDENTS petition under Article 226 of the constitution of lndia prayirg that in the circumstances stated in the affidavit filed therewith, the High t.)ourt may be pleased to call for the records from the 1't respondent in lD No.Bl) of 2001 and issue an appropriate writ order or direction particularly one in the nature of writ of Certiorari and quash the Award passed by the 1"t respondent in lD No.83 of 2001 dated 31-3-2008 published on 19-6-2008 holding the same as illegal unjust contrary to law and service. WRI T PETITION NO: 17605 OF 2009 Between: A.Satvanarayana S/o Ramaiah, aged about 46. -years, .Oc.c.: Ex-errrployee in IDL i"o-r.irit. Ltd., R/o. 6-2196. Vivekananda Nagar, Kukatpally, Hyderabad-72 ..PETITIONER AND

1. Additional lndustrial Tribunal-cum-Additional Labour Co "Ciiii*rn-"Jm-Cresiding officer, Chandravihar Building, 1"t urt, rep. Floor, M.J. by its Road, Hyderabad-1 2- The chairman, rDL rndustries Limited, 4h Froor, chenoy Trade centre, par* Lane, Secunderabd-3

3. The . Managing Director, .rDL. rndustries Limited, settrer, rDL Rurar Development Tiust, Kukatpally, Hyderabd-iA

4. Mr. Vasudeva Murthv secretary/Ex-Trustee, rDL rndustries Limited, setfler, Kukatpally, Hyderabad'. since. the conditionar order of the court dared 12.12.2012 has not been complied with, the default clause of the said oiOer nal Uee; gil;, ;ffJ;i; * and the w.p. accordingrv stands dismissed ii igiinst neip""oEiirri".+1"' ...RESPONDENTS Petition under Articre 226 ot the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to call for the records from the 1"t respondent in l.D.No.gg of 2001 and issue of writ of certiorari, and quash the Award passed by the 1"t respondent in l.D.No.B8 of 2001 dated 3't-3-2008 pubrished on 19-6-2008, holding the same as illegal, unjust, contrary to law and perverse. WRIT PETITION NO:17 677 0F 2009 Between: Y. Pochaiah s/o. Yellaiah, aged about 45 years, occ: Ex-employee in IDL lndustries Li mited, R/o. 8-69, Seva lai Ni ga r, Xaitfraia'pui, -ff vo6ia bad_ I A. AND ...PETITIONER

1. Additional lndustrial Lane, Secundeiabad. Chairman-cum-Presid i Hyderabad-1. Tribunal-cum-Additional Labour Court, reo. bv its ng Officer, Chandravihar Building, 1"t Floor, fr4.l. {oaii 2. The chairman,. rDS rndustries Limited, 4th Froor, chenoy Trace centre, park 3 Ilu , 4. Mr. vasudeva Murthv- secretary/Ex-Trustee, rDL Industries Limited, setfler, Manag.ing Director, IDS tndustries Limited, Seftler, IDL Rural uevetopment Trust, Kukatpally, Hyderabad_19. Kukatpally, Hyderabaci-1 8. since the conditional order of the court dated 04.11 .2013 has not been complied with, the default clause of the said order has oeen qiren effect io and the W.P. accordingly stands dismissed as againsi deip""oEiili"z. "' * Petition under Article 226 of the constitution of lndia praying that in the Court may be circumstances stated in the affidavit filed therewith, the High pleased to call for the records from the 1"t respondent in l.D.No. 89 of 2001 and ...RESPONDENTS issue an appropriate Writ, Order or direction, particularly one in the nature of Writ of Certiorari, and quash the Award passed by the 1't respondent in I.D.No. 89 of 2001, dated 31-3-2008, published on 19-6-2008, hotding the san-re as illegat, unjust, contrary to law and perverse. Counsel for the Petitioner in all the Writ Petitions: SRI A. K. JAYAPRAKASH RAO Counsel for the Respondent No.l in all the Writ Petitions: cp FOR {_ABOUR Counsel for the Respondents in all the Writ Petitions: SRI D, RAVISHANKAR RAO The Court made the following: COMMON ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAXA 7-22702 2EOO8 WRIT PETITIONS I{o. 28OO2 2Lt66 21635 28150 24t74 28388 28508 2AA34 28835 28836 0F 2008 17605 AND t7677 0F 2009 2

1636. 2l COMMON ORDER: The issue involved in all these Writ Petitions being the same, they are heard together. However, for convenience sake, facts in Writ Petition No. 28OO2 of 2O08 are taken up for consideration.

2. Petitioner claims to have joined respondent IDL Industries Limited on 01.O7. 1972. lt is stated, Respondents 2 and 3 created a Trust in 1981 in the premises of respondent company and the 4fr respondent was shown as Trustee- In 1981, petitioner was transferred to work under the control of the 4d' respondent Trust. It is further stated that IDL Industries Limited was one of the leading manufacturers of explosives and later, it started other businesses, like bull mother farm, liquid nitrogen plant, cattle rearing, etcetera. According to petitioner, Trust is part and parcel of IDL Industries Limited and Trustees of the said Trust are also officers of the said organization. While so, the 4fr respondent issued notice of termination dated 3 1 .O 1 .20O 1 stating that Trust ceased to exist after 31.O1.2001. It is alleged that Respondents 2 and 3 without b- --:€da-=.---4 2 absorbing petitioner' illegally terminated through the 4th respondent Tht: main grievance of petitioner is that th e 4th respondent lvas lrot his appointing authority and the Trusl was created subsequent to his appointment in IDL Indu stries Limited; u'hen the existence of the 4'l' responden[ ceast'd' he have be:n aken back to IDL lndustries Limited ' It is comPlained that several other employees who u'orked in the Trust were absorbed in the company but the same bene:-rt was not extended to petitioner and other 28 co-employees' should It is stated' subsequently' the 3'l resF'ondent Limited n Cents 2 introduced a rlew organ izatiort - IDL Agro Chemicals under the cour-rol of IDL Industries Limited and Respo and 3 took permanent as well as contract workers lgnonng petitioner and other co-employees' Though the worker;' union issued chartr:t' of demands to the 4s respondent on 03'o7 1998' same ti11 31 ) 1'2001; did not consider the lndustrial Tribunal-I' Union approached the raising I.D'No 70 of 1996 wherein the Tribunal by Award dated 2O'o2 1998 held that petitroners tht rrein and others are llot emPloYees of IDL Industries Limitecr but are employee or the 4m respondent Trust' which hnding' according therefore, the HYderabad bY managemenl to petitioner is based on the compromise decree in O.S.No. 117 of 1983, dated 29.1 1.1984 on the file of the District Munsif, West and South, Hyderabad to the effect that plaintiffs in the said suit are not employees of IDL Industries Limited and they have no dispute against IDL Industries Limited and they are employees of IDL Rural Development Trust. It is stated, petitioner is not partlz to the said suit nor had he signed any compromise, as alleged by respondents. Thereafter, petitioner lried I.D.No. 72 ol 2OOl under Section 2-A(2) of the Industrial Disputes Act, 7947. Therein, Respondents 2 and. 3 had taken out I.A.No. 106 of 2003 to decide. jurisdiction and maintainability of the case as preliminary issue. The said Application was dismissed on merits by order dated

31.01.2005. Aggrieved thereby, Writ Petition No. 1163 of 2OO6 was {iled, wherein this Court passed order dated LZ .O8.2OOZ directing the. Tribunal to decide the issue of res judicata as preliminary issue. In view of thc said direction, the Tribunal Iimited to the point whether the Award passed in I.D.No. 7O of 1996 operates as res judicata in I.D.No. 72 of 2OOl. The Tribunal held that I.D.No. 72 of 20O1 is barred by principles of res judicata. Hence, this Writ Petition. 4

3. H,:,lrd Sri A.K. Jayaprakash Rao, lcarned counsel for petitioner iLs well as learned Government Pleader frrr Labour'

4. Having perused the material on record and having heard learned ,:ounsel on either side, the only point thar- draws attention of thrs Court is whether Award in I-D.No. 70 'tf 1996 operates as res judicata in this case or not- Admitte< Ity, the employees of tDL Rural Development Trust filed O.S No 112 of 1983 on the fiLe of the District Munsif Court (West and South) and the saicl suit ended in compromise to the effcct tL at they are not emplc,yees of IDL Industries Limited; thev have no dispute against IDL Industries Limited and that tlLey are employees of IDL Rural Development Trust only H owever, petitioner herein is not parq/ to the said suit. Subseque ntly, as Respondents i2 and 3 took permanent as well as ( rontract workers in the' Organisation - IDL Agro Chemicals Lin ited by ignoring petitioner and other workers, the workers' Union issued charter of demands to the Secretary I trx Trus.ee, IDL Industries Lrrnited on O3.07.1998 but managcm,:nt till

31.01.2001 clid not consider the same, hence, the uorkmen union approzr<:hed Industrial Tribunal I, Hyderabad and hled I.D.\fo- 70 of :.996. The said Dispute was allowed hold ng that \ / 5 petitioner and others are employees of the Trust and petitioner nnion is barred by principle ol res judicafa, based on the judgment and decree daLed 29.11.1984 in O.S.No' 112 of 1983' The said Award was passed without adjudicating the issue of reference of termination order. According to respondents, the workman covered under the present reference was also party to the said suit, hence he is estopped from raising the present dispute. However, as could be seen from the copy of compromise decree in the suit, hled along with a memo on behalf of petitioner, the present petitioner was not arrayed as party thereto. Further, I.D.No. 70 of 1996 was hled by'the Workers' union, whereas the present [.D. was filed by petitioner in his individual capacity , hence, the said decree is not binding on petitioner. Therefore, it cannot be said that the present I'D' is barred by principle of res judicoto. The Award impugned therefore, deserve to be set aside, in the considered opinion of this Court. Writ Petition No- 28OO2 of 2OO8 is accordingly,

5. allowed, setting aside the Award dated 31 O3'2OO8 in I D'No 72 of 2O01 on the ltle of the l't respondent. 6

6. I1 the light of the same, Writ Petitions No. 21 166, 2t635, 21636, 21637, 22702, 28008, 28150, 2a171, 28388, 28508, 28834, 28835, 28836 of 2008, 17605 and 17677 of 2OO9 are alsc ,lllowed. No costs. 7 . C onsequently, the miscellaneous Applica' ions, if any shall stan,l closed. //TRUE COPY// sD/-s. MALLIKARJUNA ASSISTANT RE GI RAR SECTTON FICER to'', ,nr.-"!rJ,.T1t-^?,y'aP"l?'lo'8fl,"o#Tl,,.ogtlisll? '?Si'Il8l,l'1,?:l''a%Ti, Additional Labour I HYderabad - 1

2. One CC to SRI A' K JAYAPRAKASH RAO' Advocate [OPUCI 3 Two CCs to GP for Labour' High Court for the State o" Telangana at HYderabad [OLIT]

4. One CC to SRI D RAVISHANKAR RAO' Advocate IOPUCI 5. Two CD CoPies g MP BS HIGH COURT DATED:2810212025 7r* <, gE S l:i 7' 1 c-i 0 g Ai,ir Ztj( t) J IO \"ot -- ',/ \.. 1 r. \: COMMON ORDER W.P. Nos. 28002. 21166, 21635,21G96,21637, 22tO2,2gOO8, 28150, 29174,29389, 29509, 29934,29935, 29g36 0F 2008, 17605 AND 17677 0F 2009 ALLOWING THE WRIT APPEALS WITHOUT COSTS g ln)')"\m n{\t