High Court · 2025

.!, Raju, S/o Rajaram, aged..32_ years, Rio H.No. 3-90, Uppal, Kamalapur. Warangat (Urban) District, ptN - 505101 Date of Engige if _oa-zbroeffA7i. No.WgV4238Z76 B. Venkatesh, S/o Srinivas, 26 yefrs. R/o H.No. 2-37 (2), Narlapur Village. RSr13l yg$"I 1lvqr.anggr (.rlqlq1)District. ptN - sobae1'Eite or ensaje-di- uu-2u16 EPF A,/c. No. Wqll4238z77 R. Srawan, S/o Lingamurthy. 24 y_earc. R/o H.No. 4-BB, Uppal, Kamalapur Yltggq,_W-q9nsat (tirban) o'istrict b-atJ oi EpF A/c. No. Wstl4238Z81 T. Ravi, S/o Sammaiah. 2t . yeals. R/. o H.N9, 3-24, pangidipally Viilage, Tekumatla- Mandal, Jayashankir Bhupatapaily Districl.'piN _i06 16'S DaG";i Eng-age 03-10-2016 EPF A,/c. No. WgU423B2n9 14, ,l:hol, S/o Ramulu, 25. yeaIs, R7o H.No. 2-08. Chetpur Viilage, Ghanpur Mutugu Mandat,-.1qV39[ankar Bhupalapally District. plN _ SOO iO'A Oate of EnLage 01-09-2016 EPF A,/c. No. WgU42362nB N. Rajashekar, S/o Devender, 21 fears, Wo H.No_ 2-1 1, Chelour Villaoe. Ghanpur Mulugu Mandat, Jayashani<ar Bhupalapally Oistritt. pif.i _ SOO fti uate of Engage O1-11-2016 EpF A,/c. No WgU423g2i8O ..."=r,rora*a -ensis;bi-ii:zor6

1. Telangana State Power Generation Corporation Ltd,, Mdyuth Soudha, - -' ^ Hyderabad - Q0g0B2, rep. by its Chalrman anO Maniging Direcroi ^2. lle QlrgcJgr (l--tR), rs_ Qelcb _Ltd- Vidyuth Soudha, fya;;b;;.- 3. The Chief Engineer (O&M)., { Tf p,, Chetpur - Bhlpihpaiiy, t.S. cenco - Ltd.. Jayashankar Bhupalapally District 4. The Superintending Enginder (O&M),, Kakatiya Thermal power proiect_ I and !l.SlqS"r, Chelpur - Bhupatapalty. T.S. Genc6 Ltd., Jayashankar Btiupalapaily District

5. Divisional Lngfger. Etectrical Division / CHp (OandM), KTpp, Chelpur _ Bhupatapatty. T.S. Genco Ltd., Jayashankar Bhupatapiily O'",11J.."o"o=rr. 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 any appropriate writ, order or direction particularly one in the nature of writ of mandamus, declaring the action of the Respondenls in not issuing the appropriate instructions to the Field Engineers for counter signing the Bio-data of outsourced Personnel, in not receiving and not uploading the data of the Petitionerrs, h,ving countersigned their Bio-datas, in spite of the general directions issued by the Honbre High court in simirar matters, as arbitrary. illegar and violative of ,Articles 14, 16 and 21 of the constitution of lndia and consequently direct the Respondents to upload the data of the petitioners and to issue the appropri€rte instructions for counter signing the Bio-data Forms by the Field Engineers and to receive the Bio-data Forms and accordinl]ry to consider their eases for absorption on par with others. pursuanl to the Memo. No_ Dir (HR) / DS (OandM) / DCiM (HR) / DM (HR) I 631t2016-t. dated 28-02_2O12 issued by the Respondent I.A. NO: I oF 2017 WPMP. NO:30233oF 20171 Petit ion underr Section 15'l CpC praying that in the circumr;tances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents to receive the Bio-data Forms of the petitioners and accordingry to consider their cases for absorption on par with others, pursuant to the Memo. No. Dir rHR) i DS (O&M) / DGM (HR) / DM (HR) / 631i20{6_t, dated 28-02-2017 issued try the 1st Respondent, pending the above writ petition. Counsel for the Petitioners: SRI G. ALLABAKASH Counsel for Respondents: SRI MOHD. ADNAN, SC FOR TGGENCO The Court made the fo owing: ORDER a HON'BLE SRI JUSTICE NAGESH BHEDMAPAKA WRIT PETITION No. 2 442L OF 2017 ORDER: Petitioners claiming to be working as Contract . Labour KTPP for annual maintenalce work of the 3d respondent unit, seeks to question the action of respondents in not issuing appropriate instructions to the Field Engineers for counter-signing the 'Bio-data of Outsourced personnel, and not receiving / uploading the data of petitioners, having counter_ signed their bio-data, in spite of the general directions issued by this Court in similar matters. A consequential direction is sought to respondents to upload the data of petitioners and to issue appropriate instmctions for counter-signing the bio_data forms by the Field Engineers and to receive the bio-data forms and accordingly, to consider their cases lor absorption on par with others pursuant to Memo dated 28.02.2017 of the lst respondent.

2. During the hearing, learned counsel for petitioners submitted that subject matter is squarely covered by the order of the Division Bench of this Court in Writ petition No. 20g4O of 2Ol7 and batch, dated 03.1O.20i8 and Writ petition No. 3525g of 2022, dated 12.09.2022 2

4. Hr:ard learned Standing Counsel for responrlents. (1 TtLe Division Bench of this Court in Writ Petition No. 20840 of 2018 and batch, uide order dated 03 - O.2O18, while consider-ing the very same issue, disposed of (he Writ Petitions, with the following directions: " L 2 Therefore in hne, all the Writ Petitrons are dispc s,:d of to the follo$ing effect: (il persons who claim that they fulfill the criteria Iirirl clolvn in the g,uide- Li res/ orders issued by the Corporation/ Companrt s, ma-v : hel .lre approach the Committee and satisfy the Committee th€rt covered bv the Scheme and that they fulhlt the eligibilitr. crit( ria. The Committec mal look into the same and take a decision rvithrn ll) ',veeks; (ir) persons who were not in employment on the cut ()lf datel viz., 04.1'2,.20)6 cannot either seek the benefit of the sclli,me or challenge the scheme. The scheme prescribing a cut-ofl dire is a product o[ a riettlement reached under the Industrial Dispr-tr:s Act, 1947 . "fhe setl l:ment was under Section 12 (3) of the Act. 'lhcrc'i,re, or.re of the con,litiorLs prescribed in the scheme viz., the cut off datc, cannot be challenged Hence, the challenge to the prescription of a cut ,rff date containcd in 1.he, scheme is rejected. However, these persons r r,' given tiberty to 30 lx:fore the Labour Court or any other appropriate l.'orum prescribed by any Special Enactments, if they have a right of abs()rption or regularisation conferred by such Special Enactments; (iii) persons who are out of the scheme on account .rf non- paymenl- of cor tribution to the Empioyees Provident FLrnd, canrot also seek thr' b,ene6t of the Scheme solely on the ground that the 'zLult lay with th,r Drstribution Companies. If these persons havc an, right conferred by any special enactment for regularization rrnd/or absorption, they are given liberty to move the For a prescribed under those enactmer ts; (i\J the claims of those engaged by the Civil Contracrors for construc.tion pL rposes are rejected." ) e

5. In the light of the same, without expressing any opinion on merits, this Writ Petition is disposed of directing petitioners to make representation to the Committee constituted for verification of data of outsourced personnel. On such representations and if petitioners fulhl the criteria laid down in guidelines / orders dated 01.06.2017 102.06.2017 uide 'lOO Rt.No. 247, dated 02.O6.2017, respondents are directed to upload the data of petitioners and issue appropriate instructions for counter-signing the bio-data forms by the Field Engineers and to receive the bio-data forms and accordihgly, consider their cases for absorption on par with others, pursuant to the Memo d,ated 28.02.2017 issued by the ls respondent. No costs.

6. Consequently, miscellaneous Applications, if any shall stand closed. Sd/. S. MALLIKARJUN ASSISTANT REGI T RAO RAR //TRUE COPY// SECTION OFFICER To, "-d[iti " Viovutn soudha' Hvderabad' 'l . The Chairman and Managing Director, Telangana^Slale Power Generation ' c;;#;ti; Lio,, Viovrtn-so"udha, Hvderabad - s-0009.2 2 ift'dftl#,?iihi ; tS'c 5. +# Effi?E"Elneiii toauri.,i.i!- e', inap" - Bhupalapallv' r's Genco Ltd.. Javashankar Bhupalapally ulstnct 4. The Suberintending enginUJr'('o"aili)'lkart'tiva Thermal Power Proiect l and I Stases, chetpur _ anup;;i]ity]i.'5.'o-"iii,j r_t0., iayashankar Btiupalapally District KTPP, ChelPur - int'iiirisionat Engineer,, Electrical Division / CHP (OandM)' strict Bxi'sBBg;'['^3i:*:ltJ-,xltlis]-1!€i::"1::1""' 6nE dd [ # fttid ffi";, sc ror rsGENco (oPUc) Two CD Copies 5

6. 7. 8. MBC 6 / = HIGH COURT NBK,J DATED: 1310312025 ORDER WP.No.24421 of 2017 ni- :. a -,--'1, v^\ i)' 03 tpr 20[ ( o,) ,] + l}i.q,, a==;- .I @of' ff.v DISPOSING OF WRIT PETITION WITHOUT COSTS