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High Court for State of TelanganaWP/21521/2018dismissed

T Chandrasekhar v. The State Of Telangana,

2018-07-25Sanjay Kumar,T.Amarnath Goud2 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE T.AMARNATH GOUD WRI T PETI TI ON NO.21521 of 2018 ORDER: (per SK,J) The prayer of the petitioners in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is hereby prayed that this Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the impugned auction notice issued by Respondent No.3 dt.20-06-2018 proposing to conduct auction on 27.06.2018 of the assets of the 8th respondent company, without settling the dues payable to the petitioners, is illegal, arbitrary, violative of Article 14 and 21 of the Constitution of India and consequently set-aside the same by directing the respondents to pay the wages to the petitioners as agreed under the agreement dt.17-04-2015 U/s 12(3) of the Industrial Disputes Act and pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the case.'

Sri Vinod Kumar Tadakamalla, learned special standing counsel for Commercial Taxes, State of Telangana, appearing for respondents 1 to 3, would inform this Court that the auction sale proposed to be held on 27.06.2018 did not materialise.

In that view of the matter, a substantial part of the prayer is rendered purely academic and does not require adjudication on merits. It appears that by way of a consequential direction, the petitioners brought in a wholly unconnected prayer with regard to payment of their wages by the company, the eighth respondent, in terms of a settlement. This has nothing to do with the main prayer and therefore, cannot be treated as a consequential direction.

The writ petition is accordingly dismissed leaving it open to the petitioners to seek redressal of their grievance with regard to what has

been shown as a consequential prayer by way of independent proceedings in accordance with law.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

______________ SANJAY KUMAR,J _________________ T.AMARNATH GOUD,J Date:25.07.2018 GJ