D G R Jute Mills Pvt Ltd vs The Assistant Commissioner
2021 Latest Caselaw 3057 AP

HIGH COURT OF ANDHRA PRADESH

MAIN CASE No: W.P.No.16372 of 2021 PROCEEDING SHEET Sl. OFFICE DATE ORDER No NOTE.

DVSS,J 16.8.2021 I.A.No.1 of 2021.

Sri Vijay Kumar, learned senior counsel .

appears and stresses the urgency. According to him, attachment is being effected of the properties of the petitioners' company on their alleged failure to make payments under the Gratuity Act. The application filed to set aside the exparte order has been returned on the ground that the petition is not entertainable, particularly, when recovery proceedings were initiated.

Learned senior counsel asserts that when the petition was sought to be re-presented the authority under the Act is not accepting the said application. Therefore, the learned senior counsel submits that the petitioner is virtually without a remedy, particularly, when an attachment is being effected. Relying upon the judgment of the Hon'ble Supreme Court in Grindlays Bank Limited Vs. Central Government Industrial Tribunal and others (1980 Supplementary SEC 420) and in particular paragraph No.6, the learned senior counsel argues that the Tribunals have the inherent powers to pass such orders as are necessary to meet the situations that arise and to discharge their functions effectively for doing justice between the parties. Therefore, he submits that the Tribunals are invested with such incidental and ancillary powers as are necessary.

This Court is of the prima facie opinion that a case is made out. Therefore, there shall be an interim order as prayed for in this application keeping the order dated 31.12.2018 in abeyance for a period of two weeks i.e., till 31.8.2021.

W.P.No.16372 of 2021 Post the matter on 31.8.2021 in the 'Motion List'.

In this interim period, learned counsel for the petitioners is directed to take out personal notice to R2 by registered post with acknowledgment due and file proof of service in the Registry.

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