The writ petition filed under Article 226 seeking to quash a Labour Court order was dismissed against Respondent No.1 due to the petitioner's failure to serve a notice as ordered by the Court on 29.12.2010.
Writ Petition dismissed against Respondent No.1.
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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY
WRIT PETITION No.6368 of 2004
ORDER:
1 This Writ Petition is filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records relating to the impugned order dated 08.04.2003 made in M.P.No.22 of 2002 on the file of Labour Court-II, Hyderabad, holding that the 1st respondent was entitled for a sum of Rs.14,149-00 for the put-off duty period, and quash the same as being illegal, without jurisdiction and invalid and consequently quash the same.
“Learned counsel for the petitioner is permitted to take out personal notice to respondent No.1 by registered post with acknowledgement due and file proof of service within six weeks. If for any reason, the notice(s) is / are not served, the same shall be brought to the notice of the Registry without fail. In default, the Writ Petition stands dismissed against respondent No.1 without further reference to the Court.”
3 Admittedly, the petitioner has not complied with the above order. In that view of the matter, no cause of action survives in the Writ Petition in view of the non-compliance of the above said order. Hence the Writ Petition is dismissed. No costs. As a sequel, miscellaneous petitions pending in this Writ Petition, if any, shall stand closed.
__________________________ T. SUNIL CHOWDARY, J.
Date: 28.03.2016 Kvsn
1 issue framed by the court
Whether the Writ Petition should be dismissed in view of the petitioner's non-compliance with a prior order requiring personal notice to be served.
1 provisions across 1 enactments
Petitioner
Respondent No.1
T. SUNIL CHOWDARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
