B. Yerri Naidu v. The State Of Andhra Pradesh. Rep. By Its Principal

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7909 OF 2017 DATED : 08.03.2017 Between :

B. Yerri Naidu S/o.Gummayya, Aged 45 yrs, Occu : Clerk, The Cheedikada Primary Agriculture Cooperative Society Limited, Cheedikada Mandal, Visakhapatnam District.

..

Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Cooperative Department, A.P.Secretariat, Amaravati, Guntur District & others.

.. Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7909 2017 ORDER :

Heard.

2.

Petitioner seeks enforcement of the Award passed by the Authority under A.P.Shops & Establishments Act, 1988.

According to the petitioner the Award impugned is partial and the amount which he is entitled to are not paid.

3.

Section 48 (5) of the A.P.Shops and Establishments Act, 1988 (for short 'the Act') vests right to enforce an Award passed by the authority under the Act. Admittedly petitioner has not availed the said remedy except contending that petitioner has been making representations for grant of benefits flowing out of the Award. No reasons are assigned as to why petitioner has not availed the remedy provided under Section 48 (5) of the Act. Since the petitioner has an effective and efficacious remedy as available under the Act, to enforce the Award, this Court is not inclined to entertain the writ petition.

4.

Accordingly, the Writ Petition is dismissed leaving it open to the petitioner to work out his remedies as available under the A.P.Shops and Establishments Act, 1988, for enforcement of the Award. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 08th March, 2017 Rds