Telangana High Court

WA/2133/2004 of M/s. E. Merck (India) Limited, Vs The Appellate Authority U/s 48(3) of the A.P. Shops on 29 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT APPEAL No.2133 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MRS JUSTICE T.MEENA KUMARI

AND THE HON'BLE MR JUSTICE S.ANANDA REDDY

WRIT APPEAL No.2133 of 2004

(Writ Appeal under Clause 15 of the Letters Patent against the Order dated08/11/2004 in WPMP NO.7970/03 in WVMP No.1452/04 in WP No. 6082 OF 2003on the file of the High Court.)

Between:

1 M/s. E. Merck (India) Limited, Vijayawada - 520002, rep by its Area Sales Manager.

2 The Zonal Manager, M/s. E. Merck (India) Limited, "Heavitree" T.FA-1, 23/16, Super Tank Road, Chetpet, Chennai-600 031.

3 The Director, M/s. E. Merck Estate 'A' Worli, D. Annie Besant Road, Mumbai - 400 018.

..... APPELLANTS

AND

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1. The Appellate Authority U/s 48(3) of the A.P. Shops and Establishments Act, 1988 and Deputy Commissioner of Labour, Eluru, West Godavari District.

2 The Authority U/S 48(1) of the A.P. Shops and Establishments Act, 1988

and Assistant Commissioner of Labour, Vijayawada, Krishna District, A.P.

3 Sri T. Mohan Rao, S/o. Venkateshwar Rao, R/o.30-13-7, Bodepudi Street, Durga Agarharam, Vijayawada - 520 002.

.....RESPONDENTS

Counsel for the Appellants: MR.A.K.JAYAPRAKASH RAOCounsel for the Respondent Nos.1 and 2: GP FOR LABOURCounsel for the Respondent No.3:B.G.RAVINDRA REDDY

The Court at the admission stage made the following Order: (per TMK,J)

Learned counsel for the appellants submitted that the first respondenthas no jurisdiction to pass the order of reinstatement. But, however, it is amatter to be gone into in the main writ petition. Hence, we do not find anyreason to interfere with the interim order passed by the learned single Judge ofthis Court in WPMP.No.7970 of 2003 and WVMP.No.1452 of 2004 inW.P.No.6082 of 2003 dated 08.11.2004.

The Writ Appeal is accordingly dismissed. However, for compliance of theorder of learned single Judge of this Court, dated 08.11.2004, time is grantedupto 31.01.2005. No costs.

____________________

T.MEENA KUMARI,J

_________________

S.ANANDA REDDY,J

Lvl/usd

To

1. The Appellate Authority U/s 48(3) of the A.P. Shops and EstablishmentsAct, 1988 and Deputy Commissioner of Labour, Eluru, West Godavari District.

2 The Authority U/S 48(1) of the A.P. Shops and Establishments Act, 1988and Assistant Commissioner of Labour, Vijayawada, Krishna District,A.P.

3. Two CCs to G.P. for Labour, High Court of A.P., Hyderabad (OUT)4. Two CD copies.

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