The Depot Manager v. Sri Venkataiah

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION NO.22496 OF 2004 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue writ of certiorari calling the records relating to the award, dated 28-06-2004 in I.D.No.120 of 2001 by the Labour Court-III, Hyderabad and set aside the same.

2. On 30-12-2010, this Court passed the following order: "Learned counsel for the petitioner is permitted to take out personal notice to respondent No.1 by registered post with acknowledgement due and file proof of service within six weeks. If for any reason, the notice(s) is/are not served, the same shall be brought to the notice of the Registry without fail. In default, the writ petition stands dismissed as against respondent No.1 without reference to the Court." 3.

A perusal of the above order reveals that the writ petition was dismissed for default against the contesting respondent on 30-12-2010. In view of dismissal of writ petition against the contesting respondent on 30-12-2010, no cause of action survives in the writ petition.

4. Accordingly, the writ petition is dismissed. No order as to costs. Miscellaneous petitions, if any pending, in this writ petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J DATED: 28-04-2016.

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