'1 . N. Parvathalu v. 1. The State of Telangana

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order more particularly one in the nature of Writ of ltrlandamus (i) declare the Decision of the 4th and 5th Respondent vide proceedings dated 13-1 1-2024 going to close all the branches of the .3rd Respondent in and around Twin Cities without following any procedure and permission from tre Labour authorities more particularly 2nrl and 3rd Respondent (ii) and without )aying any compensation to the casual workers closing the branches is illega I arbitrary and unjust (iii) and in action ol the 2nd Respondent not taking any ac ion of representation dated 20-11-2024 a,; illegal, arbitrary and unjust, is prima fe cie illegal, arbitrary and unjust, violation cf principles of natural justice and violation of Article 21 of the Constitution of ln,lia, consequently set aside the same. |.A.NO:1 OF 2024 Petition UnCer Section 151 CPC praying that in the ci 'cumstances stated in the affidavit filed in support of the petition, the High Cou,1 may be pleased to direct the Resp rndent No.1 to 3 to take appropriate actton against the Respondent No. ii to 5 for closing the all branches in and around the Twin Cities of Hyderabad and Secunderabad. |.A.NO:2 OF 2024 Petition UnJer Section 151 CPC praying that in the ci 'cumstances stated in the affidavit filed in support of the petition, the High Cou,t may be pleased to direct the 2nd Rer;pondent to consider the representation da.ed 20- 11-2024. |.A.NO:3 OF 2024 Petition UnJer 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 Respordents to continue all the workers those wro are working in the Respondent Club in around the twin cities. Counsel for the Petitioners : SRI B.SHIVA KUMAR Counsel for the Respondent Nos.1 to 3 : GP FOR LABOUR Counsel for the Respondent Nos.4 to 6 : SRI G.V.S.GANESH The Court made the following ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.33469 OF 2024 ORDER: Petitioner No.1 has been working as a Casual Worker (TPRD Supervisor) since 1995 on meager wages. Despite earning profits in crores, the 4tt' Respondent (Race Club) neither pays minimum wages nor regularizes its workers, violating labour laws and fundamental rights under Article 2l of the Constitution of India. On L3.11.2O24, the 5th Respondent sought permission to close al1 five Hyderabad branches (Uppal, Musheerabad, Khairtabad, Balanagar, and Lower Tank Bund), with closures scheduled between )nrt and 9th December 2024. The 4th Respondent approved closure from 30.11.7024 without giving prior notice or compensation to the workers. This action 1S illegal, arbitrar5r, and in violation of Section 9A of the Industrial Disputes Act, arnounting to unfair labour practices and breach of workers' fundamental rights

2. Heard Sri B.Shiva Kumar, learned counsel for petitioners, learned Government Pleader for Labour for respondent Ncs. 1 to ) =- \IJ( J * I)\o tti6t tlf trlt I 3 and Sri G.V.S.Galesh, learned counsel for respondent Nos.4 to 6. Perused the record

3. Learr.ed Government pleader for Labour (Respondents 1 to 3) submits that the petitioners, allegations ar.e vague. Unless Casual LaL,ourers or Trade Unions raise an inCustrial dispute against M/s Hyderabad Race c1ub, the Labr,ur Department cannot act. HR records shou, all employees, incl,tding petitiorier No.1, are crrrrently working, so disengagement d.es not a;ise. The letter cated 13. II.2O24 is internal ald does not warrant 1egal actiorr. The HR letter dated 03.O3.2O2J confirms no remova-ls arrd states al1 race day staff were ilccommorlated. Section 9,4. of the Industrial Disputes Act cloe s not apply to branch clorsures. petitioner No.1 cannot collective grrevances, zmd petitioner No.2,s complaint was rlismissed after finding no c isengagement. The wrrt petition la,:ks merit and r,11Se I should be dir;rnissed.

4. Considt:ring the sub.missions made by both the learned counsel and a perusal of the records, it is clear Ihat petitioner No.1, a casuzrl worker, continues to be employed at Hl,clererbad Race club, Malakpet, as confirmed by official reco:ds. h may be l NIJK.J \\ l' No il.l69 ol 2024 noted that no formal complaint or industrial dispute was raised before the Labour Department. Section 94 of the Industrial Disputes Act does not apply to branch closures, and Petitioner No. 1, not representing a trade union, lacks standing to raise collective grievances. Further, the Labour Department's enquiry found no worker disengagement. It may be further noted that unless and until the Casual Labourers or the Trade Unions come forward and raise the Industrial Dispute against the Management of M/s Hyderabad Race Club, at Malakpet, the Labour Department cannot initiate any action

5. Accordingly, the writ petition is disposed of directing the petitioners to approach the appropriate forum, such as the Industrial Tribunal, with the necessary documents accordance with law. There shall be no order as to ccists. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPYII SD/. C. DEEPIKA ISTANT REGISTRAR SECTION OFFICER To

2. J,

5. The Principal Secretary, Labour Department, Secre ariat, Tank Bund, State of Telangana at Hyderabad. The Commissioher of Labour, State of Telangana, Anjaiah Karmika Bhavan, Hyderabad. The Deputy Commissioner of Labour, State of Telangana, Anjaiah Karmika Bhavan, Hyderabad. The Secreiary, Hyderabad Race Club, Race Course Door No. 16-10-1lAl1 Malakpet Hyderabad -500 036. The Chief dperating Officer, Race Course Door No. '16-10-1/Ail, Malakpet Hyderabad- 500 036. t) 7 8 o 0 1 II".9glSli,l l\4anager (tT), Hyderabad, Race Ctub, Race (jourse Door No 16-1O-1lAl1, Malakpet Hyderabad _SOO OS6 Two CCs tc Gp FOR fabOUn, High Cor-rt"io. the Stat( of Tetangana at Hyderabad [OUT] One CC to lRt B.SHIVA KUt\rAR, Advocate tOpUCl One CC to jtRt c.V.S.GANESH. nOroCate idFUCl ' Two CD Copies - SA PVL 4, / /. ( c Pi5 1 B 2fl25 $:L\tr\o, _7 a / '.:, I ( HIGH COURT DATE D : 1 9lABl2025 \ ORDER WP.No.33469 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. 1 \g q