The Mangalagiri Municipality v. Damarala Rama Rao

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.22434 OF 2002

ORDER

This writ petition is filed seeking to issue a Writ of Certiorari calling for the records relating to and connected with the order dated 31.5.2001 passed in M.P.No.32 of 1997 by the Labour Court, Guntur and to quash or set aside the same by holding it as arbitrary and illegal.

Heard Sri Dammalapati Srinivas, learned Standing Counsel appearing for the petitioner and Sri Nimmagadda Venkateswarlu appearing for the respondents.

It is the case of the petitioner-Municipality that the Labour Court had erroneously passed the order dated 31.5.2001 in M.P.No.32 of 1997 and granted the relief in favour of the respondent-workmen.

Learned counsel appearing for the respondents contends that the Labour Court has rightly passed the order in favour of the respondents-workmen and that when no illegality or irregularity has been pointed out by the petitioner, this Court should not interfere with the same.

While admitting the writ petition, this Court on 11.11.2002, in WPMP No.28142 of 2002 granted interim

suspension subject to condition of the petitioner depositing 50% of the amount awarded in the order impugned. Now, the issue remains to be considered is in respect of balance amount of 50% of the amount to be paid by the petitioner.

The writ petition was dismissed for non-prosecution against respondent No.3 vide order dated 29.12.2010. The petitioner has not taken any steps to restore the writ petition against respondent No.3. Apart from that when no illegality or irregularity has been pointed out by the petitioner in the order impugned, this Court is not inclined to interfere with the same. There are no merits in the writ petition and the same is liable to be set aside.

Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 26th October, 2018 rkk