The Superintending Engineer, v. D.Umamaheswara Rao

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITON No. 5905 of 2003 O R D E R:

This writ petition is filed seeking a writ of Certiorari calling for records connected to and pertaining to the order dated 09.01.2003 passed in M.P.No.28 of 2002 by Industrial Tribunalcum-Labour Court, Visakhapatnam, and quash the same as illegal and arbitrary.

When the matter is taken up for hearing, none appeared for petitioners.

A perusal of the order impugned discloses that the learned counsel for petitioners appeared in the court below, had endorsed to the effect that as per the instructions of the respondents, the petitioners have no objection to order payment of subsistence allowance. If that be the case, the petitioners cannot turn around and challenge the same in the form the present writ petition.

In these circumstances, this Court is of the opinion that this writ petition is not maintainable either in law or on facts and the same is liable to be dismissed.

AKS, J WP_5905_2003 Accordingly, the writ petition is dismissed. No costs. Miscellaneous Petitions, if any, pending in this writ Petition shall stand closed.

__________________________ ABHINAND KUMAR SHAVILI, J 16.11.2018 Mjl/*