WP/24340/2003 of M/s.Pioneer Alloy Castings Limited, Registered Office Vs The Deputy Commissioner of Labour, on 30 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABADTUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHTPRESENT

THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICEand THE HON'BLE MR JUSTICE R.SUBHASH REDDY

WRIT APPEAL NO : 400 of 2004

(Writ Appeal under Clause 15 of the Letters Patent against the Orderdated 09/01/2004 in WP NO : 24340 OF 2003 on the file of the HighCourt.)

Between: M/s. Pioneer Alloy Castings Limited, Registered Office at 22 & 23,Industrial Area, Gajulamandyam, Renigunta, Chittoor district rep., by itsManaging Director Sri K. Subbaiah, S/o.K.Venkaiah, R/o. Chennai, Tamilnadu.

..... APPELLANT

AND

1 The Deputy Commissioner of Labour, Kurnool Zone, Kurnool.

2 The District Collector, Chittoor, Chittoor District.

3 The Mandal Revenue Officer, Renigunta, Chittoor District.

4 The Chief Judicial Magistrate, Chittoor, Chittoor District.

5 Pioneer Alloy Castings Workers Union, rep., by its General Secretary, Sri D.Maheshwar Reddy, Gajulamandyam, Renigunta, Chittoor District.

.....RESPONDENT(S)

Counsel for the Appellant:MR.A.K.JAYAPRAKASH RAO

Counsel for the Respondent No.: GP FOR LABOUR

WRIT PETITION NO : 24340 of 2003

Between: M/s.Pioneer Alloy Castings Limited, Registered Office at 22 & 23,Industrial Area, Gajulamandyam, Renigunta, Chittoor District rep., by its Managing Director, Sri K.subbaiah, s/o K.Venkaiah, r/o Chennai, TN

..... PETITIONER

AND

1 The Deputy Commissioner of Labour, Kurnool Zone, Kurnool.

2 The District Collector, Chittoor District, Chittoor 3 The Mandal Revenue Officer, Renigunta, Chittoor District.

4 The Chief Judicial Magistrate, Chittoor, Chittoor District.

5 Pioneer Alloy Castings Workers Union, rep., by its Sri D.Maheshwar Reddy,Gajulamandyam, Renigunta, ChittoorDistrict. Sri D.Maheshwar Reddy,Gajulamandyam, Renigunta, ChittoorDistrict.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to call for the records from the 1st respondent and issue anappropriate writ, order or direction, particularly one in the nature of writ ofmandamus declaring that the action of 1st respondent in proceedingsNo.B1/392/2003, dated 15-7-2003, in determining the amount ofRs.60,16,016.76 ps., under Section 33-C(1) of the Industrial Disputes Act,1947 as illegal, unjust, contrary to law and without jurisdiction; andconsequential proceedings of the respondents No.2 to 4 for recovery ofthe amount are also illegal and invalid, and grant all consequentialbenefits Counsel for the Petitioner:MR.A.K.JAYAPRAKASH RAO

Counsel for the Respondent No.: GP FOR LABOUR

The Court made the following :

COMMON JUDGMENT: (Per Sri Anil R. Dave, CJ)

Learned Advocate Sri A.K.Jayaprakash Rao seeks permission towithdraw the writ appeal as well as the writ petition.

Permission granted. The appeal as well as the writ petition standsdisposed of as withdrawn with no order as to costs.

_____________________

ANIL R. DAVE, CJ

_________________________

R. SUBHASH REDDY, J