The Depot Manager, Apsrtc, v. Molothu Rajamma,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.14135 OF 2007 DATED:30-09-2016 Between:

The Depot Manager APSRTC Husnabad Depot, Karimnagar District and another ... Petitioners And The Industrial Tribunal-cum- Labour Court, Godavarikhani Rep. by its Chairman-cum-Presiding Officer ... Respondent COUNSEL FOR THE PETITIONER: Mr. A. Ravi Babu COUNSEL FOR THE RESPONDENT: - THE COURT MADE THE FOLLOWING:

CVNR, J WP 14135/2007 ORDER:

This writ petition is filed for a mandamus to set aside Award dt.2.12.2005 in I.D. No.43 of 2004, of the Labour Court, Godavarikhani. On 23.06.2011 this Court has permitted the counsel for the petitioners to take out personal notice to respondent No.1 by Registered Post with Acknowledgement Due and file of proof of service within a period of two weeks subject to the condition that in default the writ petition shall stand dismissed as against the said respondent without further reference to the Court. As evidently proof of service was not filed, office endorsement was made on 30.08.2011 as against respondent No.1 by giving effect to order dt.23.06.2011. However, respondent No.1, who appeared to have received notice subsequently, entered appearance through her counsel on 25.12.2012. By the time the appearance was filed by respondent No.

1, the writ petition was dismissed against her. No steps have been taken by the petitioners for setting aside the default order during the last five years. As the writ petition stood dismissed as against the contesting respondent, the cause in the writ petition does not survive for adjudication.

The writ petition is accordingly dismissed.

As a sequel to dismissal of the writ petition, W.P.M.P.No.17739 of 2007 shall stand disposed of as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 30-09-2016 bnr

CVNR, J WP 14135/2007