M/S.Global Edge Software Ltd,Bangalore v. State Of Ap,Prl.Scy,Labour,Hyd,Andanot

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD FRIDAY, THE FOURTH DAY OF JANUARY, TWO THOUSAND AND THIRTEEN :PRESENT:

THE HON'BLE SRI JUSTICE: NOOTY RAMAMOHANA RAO WP .NO:495 of 2013 Between:

M / s Golabal Edge Software Limited, a Private Limited Company, incorporated under the provisions of Companies Act, 1956, having its Registered office at No. 218, 4th Floor, J.P. Royale, 12th Cross, 2nd Main Sampige, Malleshwaram, Bangalore-560003, rep by its Vice PresidentFinance & Administration, Mr. Ramesh D. ..... Petitioner AND

1. The State of A.P., rep by the Principal Secretary, Labour & Employment, Secretariat Building, Hyderabad

2. Joint Commissioner, Labour & Registering Officer, Ranga Reddy Zone, Hyderabad

...Respondents

Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of mandamus.

i.

setting aside the proceedings dated 11-10-2012 bearing No.C/1559/2012 issued by the 2nd respondent to the petitioner company as arbitrary and illegal ii. directing the respondent No.2 to renew the license as per Section 13 of the C o n t r a c t Labour (Regulation and Abolition) Act, 1970 The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein, and upon hearing the arguments of Sri K. Vivek Reddy, Advocate for the Petitioner, and of GP for Labour for the Respondents, and the Court made the following. ORDER:

The petitioner claims the activity sought to be covered by the impugned proceedings dated 11-10-2012 to be permissible within the State Amendment to Section 10 of the Contract Labour Regulation and Abolition Act, 1970, apart from the impugned order being violative of principles of natural justice being without any information to or an opportunity to defend itself to the petitioner either before the Lokayukta or the 2nd respondent.

Under the circumstances, the petitioner is permitted to carry on its work in terms of the State Amendment to Section 10 of the contract Labour Regulation and Abolition Act, 1970 until further orders and to that extent, the impugned proceedings dated 1110-2012 shall stand suspended. Post along with W.P. No. 34953 of 2012.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. The Principal Secretary, Labour & Employment, Secretariat Building, state of A.P., Hyderabad

2. The Joint Commissioner, Labour & Registering Officer, Ranga Reddy Zone, Hyderabad'

3. Two CCs to GP for Labour, High Court of A.P., Hyderabad (OUT)

4. One CC to Sri K.Vivek Reddy, Advocate (OPUC)

5. One spare copy Skm HIGH COURT NRR,J Drafted by: skm Drafted on: 05-01-2013 DATE: 04-01-2013 NOTE: POST ALONG WITH WP. No. 34953 of 2012

ORDER

WP. NO. 405 OF 2013 DIRECTION