The Mori Handloom Weavers Co-Operative Production v. Balla Venkata Srinivasa Rao

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO WRIT APPEAL No.1309 of 2008 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) This writ appeal was preferred by the petitioner in W.P.No.12514 of 2008. A learned single Judge, while ordering interim suspension in W.P.M.P.No.16117 of 2008 filed therein, directed the petitioner society to reinstate the first respondent-workman into service forthwith. Aggrieved by this direction, the petitioner is in appeal. By order dated 16.10.2008, this Court while ordering notice in the appeal directed that the first respondent herein need not be reinstated into service as directed by the learned single Judge. By subsequent order dated 04.12.2008, this Court directed that the interim relief granted earlier should continue and further directed that the main writ petition, W.P.No.12514 of 2008, should be notified for final hearing on 27.01.2009.

Smt. Bobba Vijaya Lakshmi, learned counsel for the appellantpetitioner society, states that despite the afore-stated direction, the writ petition has not been listed for hearing till date. In the light of the afore-stated facts and as the interim order granted in this writ appeal has been in operation since October, 2008, no interference is warranted therewith. The first respondent would necessarily have to await the final adjudication of the writ petition. The writ appeal is accordingly allowed setting aside the interim order dated 08.09.2008 passed in the writ petition to the extent that it required the appellant-petitioner society to reinstate the first respondent- workman into service.

Office is directed to post the writ petition for final hearing before the appropriate Bench forthwith.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

__________________ SANJAY KUMAR, J ___________________________ Dr. B. SIVA SANKARA RAO, J Date:09.06.2016 GJ