WP/25874/2009 of M/s. Tirumala Gas Service, Rep. by its Proprietrix Vs Authority Under Minimum Wages Act 1948 on 29 December 2009

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE:PRESENT:

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 25874 of 2009

Between:

M/s. Tirumala Gas Service, Rep. by its Proprietrix Mrs. R. Bhargavi W/o. R., Mukesh Goel, Office at D.No.10-8-33, beside Mangalagiri ShoppingComplex, New Gajuwaka, Visakhapatnam

..... Petitioner

AND

1.Authority Under Minimum Wages Act, 1948, the Deputy Commissioner of Labour, Akkayyapalem, Visakapatnam-16

2 The Assistant Labour Officer –VI, Office of Assistant Labour Officer-VI, Visakhapatnam-16

3 The Assistant Labour Officer –VIII, Office of Assistant Labour Officer-VIII, Visakhapatnam-16. Visakhapatnam-16.

.....Respondents

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an order, direction or a writ one in the nature of Mandamus declaring (i)Inspection Reports dt. 4-11-2008 of the respondents 2 and 3 against the petitioner(ii) Inspection Notice NO. SE/RC.No. L/2722/09 dated 27-4-2009 issued to thepetitioner on the file of the 2nd respondent (iii) M.W.No. 26/2009 on the file of the 1strespondent as illegal, arbitrary and against principles of natural justice andconsequently SET ASIDE (1) all consequential proceedings initiated by therespondents 2 and 3 against petitioner in pursuance of above impugnedproceedings including M.W.No. 26/2009 on the file of the 1st respondent forthwith; The petition coming on for hearing, upon perusing the petition and theaffidavit filed herein and the order of the High Court dated 1-12-2009 made herein and upon hearing the arguments of Dr. P.B.VIJAY KUMAR, Advocate for thePetitioner and of the Govt. Pleader for Labour for the respondents, the Court madethe following:

ORDER: The present incumbent of the office of the second respondentappeared. However, it is stated that he is not the one, who issued the notice.His presence is dispensed with.

Post on 28-12-2009 for appearance of the incumbent, who issued the notice,by name Smt. M. Padmavathi, Assistant Labour Officer, Office of the DeputyCommissioner of Labour, Visakhapatnam. The learned Government Pleadershall inform this to her.

Interim order granted by this court on 01-12-2009 is extended until furtherorders.

// TRUE COPY //

ASSISTANT REGISTRAR

for ASSISTANT REGISTRAR

To

1. The Deputy Commissioner of Labour, Authority Under Minimum WagesAct, 1948, Akkayyapalem, Visakapatnam-16

2. The Assistant Labour Officer –VI, Office of Assistant Labour Officer-VI, Visakhapatnam-16.

3 The Assistant Labour Officer –VIII, Office of Assistant Labour Officer-VIII, Visakhapatnam-16. Visakhapatnam-16.

4. Smt. M. Padmavathi, Assistant Labour Officer, Office of the Deputy Commissioner of Labour, Visakhapatnam. (BY SPEED POST/RPAD)

4.2 CCs to the G.P.for Labour, High court of A.P.Hyd.(BY SPL.

MESSENGER)

5.One C.C to Sri P.B.Vijaya Kumar Advocate. (OPUC)

6.one spare copy.

HIGH COURT

LNR.J

DATED 15-12-2009

POST ON 28-12-2009