High Court for State of TelanganaWP/26350/2007dismissed as infructuous

The Depot Manager Apsrtc., Bus Depot v. The Presiding Officer, Industrial Tribunal-

2017-03-17C.V.Nagarjuna Reddy3 pages

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.26350 OF 2007 DATED:17-03-2017 Between:

The Depot Manager A.P.S.R.T.C. Bus Depot, Warangal-I District Warangal ... Petitioner And The Presiding Officer Industrial Tribunal-cum-Labour Court At Warangal and another ... Respondents COUNSEL FOR THE PETITIONER: Mr. B. Mayur Reddy COUNSEL FOR RESPONDENT NO.1: - COUNSEL FOR RESPONDENT NO.2: None appeared THE COURT MADE THE FOLLOWING:

CVNR, J WP 26350/2007 ORDER:

This writ petition is filed for the following substantive relief: "...to issue a writ or order, one particularly in the nature of writ of certiorari, calling for all the records relating to Award in I.D. No.51/2004 dated 11.10.2006 on the file of the Labour Court at Warangal, which was published in G.O. Rt. No.2476 of Labour, Employment, Training and Factories (Lab.I) Department, dated 18.11.2006 and set aside the same as arbitrary, illegal and contrary to law."

A perusal of the proceedings sheet shows that this Court has permitted the counsel for the petitioner to take out notice to respondent No.2 with a default clause that if such acknowledgement is not filed within two weeks, the writ petition shall stand dismissed qua respondent No.2 without further reference to the Court. The office report shows that the acknowledgement of notice has not been filed by the petitioner and that the order of dismissal against respondent No.2 has come into effect. Since the relief is claimed against respondent No.2 alone, respondent No.1 being a proforma party, with the dismissal of the writ petition for nonservice of notice against respondent No.2, the cause in the writ petition does not survive.

The writ petition is therefore dismissed as infructuous. As a sequel to dismissal of the writ petition, interim order dt.11.12.2007 passed in W.P.M.P. No.34369 of 2007 shall stand vacated and the said application shall stand disposed of as infructuous. _______________________ C.V. NAGARJUNA REDDY, J 17-03-2017 bnr

CVNR, J WP 26350/2007