The Depot Manager, v. Sri.S.Narender

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.14160 OF 2007 DATED:30-09-2016 Between:

The Depot Manager APSRTC Uppal Bus Depot, Uppal, Hyderabad Ranga Reddy District ... Petitioner And The Addl. Industrial Tribunal-cum- Addl. Labour Court, Hyderabad Rep. by its Chairman-cum-Presiding Officer ... Respondent COUNSEL FOR THE PETITIONER: Mr. N. Praveen Reddy, for Mr. N. Vasudeva Reddy COUNSEL FOR THE RESPONDENT: - THE COURT MADE THE FOLLOWING:

CVNR, J WP 14160/2007 ORDER:

This writ petition is filed for the following substantive relief: "...to issue an appropriate writ, order or direction especially one in the nature of a Writ of Certiorari calling for the records relating to the impugned award dated 23.06.2006 made in I.A. No.29/2003 of the Addl. Industrial Tribunal-cum-Addl. Labour Court, Hyderabad, published on 19.08.2006 in G.O. Rt. No.1710 allowing the petition in part and directing the petitioner herein to reinstate the 1st respondent into service together with continuity of service but without backwages and quash the same as being bad, illegal, without jurisdiction and invalid."

On 23.06.2011 this Court has permitted the counsel for the petitioner 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. No steps have been taken by the petitioner 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, interim order dt.05.7.2007 passed in W.P.M.P.No.17773 of 2007 shall stand vacated and the said application shall stand disposed of as infructuous. _______________________ C.V. NAGARJUNA REDDY, J 30-09-2016 bnr

CVNR, J WP 14160/2007