Telangana High Court
WA/1641/2012 of Jubilee Hills International Centre, Vs The Authority u/s.33(c)(1) of on 31 December 2012
THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.1641 OF 2012 Dt: 31-12-2012. Between: JUBILEE HILLS INTERNATIONAL CENTRE, ROAD NO.14, JUBILEE HILLS, HYDERABAD REP. BY ITS SECRETARY S.PADMA REDDY .. APPELLANT AND THE AUTHORITY
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Conclusion
THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEAND
THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT APPEAL NO.1641 OF 2012
Dt: 31-12-2012.
Between:
JUBILEE HILLS INTERNATIONALCENTRE,ROAD NO.14, JUBILEE HILLS,HYDERABAD REP. BY ITS SECRETARYS.PADMA REDDY .. APPELLANT
AND
THE AUTHORITY U/S 33(c)(1) ofIndustrial Disputes Act & Joint CommissionerOf Labour, Hyderabad (Twin cities)T.Anjaiah Karmika Samkshema Bhavan, R.T.C. x Roads, Hyderabad AND another .. RESPONDENTS
THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEAND
THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT APPEAL NO.1641 OF 2012
JUDGMENT: (Per THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE)
This writ appeal is filed against the interim order dated 19-11-2012 passed in WPMP.No.43465 of 2012 in W.P.No.34175 of 2012, whichwas filed by the writ petitioner praying to issue a Writ of Certiorari calling forthe records pertaining to File No.B2/ID.No.1822 of 2012 on the file the 1[st]respondent-authority under Section 33(c)(1) of Industrial Disputes Act andJoint Commissioner of Labour, Hyderabad (TCS), Hyderabad and quash itsorder dated 1.10.2012. WPMP.No.43465 of 2012 was also filed along withthe writ petition to stay all further proceedings including execution andrecovery of any amount pursuant to the order dated 1.0.2012.
The Hon’ble single Judge, after hearing learned counsel for the parties,passed the interim order, which reads as under:
“ Heard both the learned counsel.
Having regard to the issues raised in the writ petition there shall be stay of all further proceedings pursuant to the order of the 1[st] respondentdated 1.10.2012 in case No.B2/I.D.No.1822 of 2012, subject to the conditionof the petitioner depositing Rs.2,00,000/- (Rupees two lakhs only) before thesaid authority within a period of two weeks from today. On such deposit, theconcerned workmen are at liberty to withdraw the same as per theirentitlement without furnishing any security.”
Being aggrieved and dissatisfied with the said interim order the petitionerin the writ petition has filed this writ appeal.
Heard learned counsel appearing for the parties and perused the record.
Today, an affidavit has been filed before us by the 2[nd] respondent- S.Madhav Rao undertaking as follows:
“ 3. It is submitted on behalf of the 119 workers thatwe are agreeable to the condition that the amount paid to eachindividual worker as per the order can be deducted by theapplicant management in the event of their succeeding in thewrit petition.”
The affidavit giving an undertaking by the 2[nd] respondent filed before us istaken on record.
In the circumstances of the case, the impugned interim order sopassed by the Hon’ble single Judge is modified by permitting withdrawal ofamount in terms of the undertaking given by the 2[nd] respondent in theaffidavit filed before us.
The writ appeal is disposed of on the above terms. No costs.
( PINAKI CHANDRA GHOSE, HCJ )
J )
( VILAS V.AFZULPURKAR,
Dt: 31-12-2012.
TNB