Petitioners sought direction to pay incentive sales commission to retired VRS employees under Apco bye-laws. The High Court dismissed the writ petition for default and non-prosecution as neither the petitioner nor co-counsel appeared on the hearing date.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY ,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 19867 oF 2002
Between:
V R.S.Empoyees Association of A.P.S.H.W.C.S. Ltd.,(Apco),,3-5-770, Weaver,s Bhavan, Narayanaguda, Hyderabad,. Rep. by its Secretdry liir.K.Rajender.
...PETITIONER
AND
The V.C. & Managing Director,, A.P.S.H.W.C.S. Ltd., (Apco), 3-5-770, Weaver,s Bhavan, Narayanaguda, Hyderabad.
,..RESPONDENT
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order writ or direction more particularly in the nature of writ of mandamus to the Respondent for effecting the payment of lncentive Sales Commission immediately for the years 1998.1999, 1999-2000 and 2000-200'1 (3years) to the commerciat side employees of Apco retired under VRS in the year of 2000-2001 under four spells as per their proportional of service rendered in different sales units of Apco during the period in the light of special bye-laws of Apco under rule 76 as enunciated there in
l.A. NO: 1 OF 2002(WPMP. NO: 24941 OF 2002)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent to effect the payment of incentive sales commission in other words the percentage of profit for the 3 years from 1998-99, 199S-2000, 2000-2001 to the employees of Apco retired during the year 2001, since the deficits or losses occured during the period have been recovered from the VRS benefits as enunciated in the Apco Bye-laws at No.76
WPMP. NO: 24942 OF 2002
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date for hearing of the Writ Petition.
Counsel for the Petitioner:SRI. LAXMINARAYANA BOINKER (NOT PRESENT)
Counsel for the Respondents: SRl. N RAJESWAR RAO
The Court made the following:
(
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THE HON'BLE SRI JUSTICE ABHINANDKUMARSHAVILI
WRIT PETITION N o.l9867 of2002
ORDER:
Todoy lhough the motter is listed undert're coption'for dismissol', none oppeored for thepelilioner.
A perusol of the record discloseslho't there wos no representotion for thepetitioner on 09.09.202.iond lherefore, the motler wos directed to be listed todoyunder the coption 'for dismissol'. Todqy olso, thereis no representotionfor the petitioner lhough the molter is listed under the coption'for dismissol'.This Court hos no other option excepl1o dismiss the cosefor defoult.
Accordingly, the writpelilion is dismissedfor defoultond for
non-prosecu tion. No costs.
Pending miscelloneouspetilions, if ony, shollsiond closed.
SD/.B.SATYAVATHI
ASSISTANT REGISTRAR //TRUE COPY'
SECTION OFFICER
To,
1 . One CC to Sri. Laxminarayana Boinker, Advocate [OPUC]
,r+
HIGH COURT
DATED:16/09/2021
ORDER
WP.No.19867 ol 2002
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Dismissing the WP For default and for Non-prosecution Without costs.
V R.S.Empoyees Association of A.P.S.H.W.C.S. Ltd.,(Apco),
The V.C. & Managing Director, A.P.S.H.W.C.S. Ltd., (Apco),
ABHINAND KUMAR SHAVILI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
