Andhra Pradesh High Court - Amravati
Dolphin Hotels Private Limited, vs The Authority Appointed U/S 48 Of ... on 15 December, 2021
(SHOW CAUSE NOTICE BEFORE ADMISSION) Do
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI A Be
(SPECIAL ORIGINAL JURISDICTION) %
WEDNESDAY, THE FIFTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 28719 OF 2021
Between:
Dolphin Hotels Private Limited, A Company incorporated under the Companies
Act, 1956, having its Registered Office at Sitara Hotel, Ramoji Film City, Anajpur
Village, Abdullapurmet Mandal, Ranga Reddy District - 501 512, rep. by its
General Manager, Mr. |.T. Ramakrishna. '
: .. Petitioner
AND
1. The Authority appointed u/S 48 of the A.P. Shops & Establishments Act, 1988-
and- The Assistant Commissioner of Labour, Circle - |, Visakhapatnam.
2. Mr. N. Kanaka Raju, S/o Sri N. Appala Swamy, Aged about 54 years, R/o
D.No.32-32-95, Kobbbari Thota, 80 Feet Road Visakhapatnam, AP.
...Respondents
WHEREAS the Petitioner above named through its Advocate Sri G V S Ganesh
presented this Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
call for the records culminating in the Impugned Order dated 18/11/2021 passed in
APSE MP No.06/2021 by the Respondent No.1 herein i.e., The Authority appointed u/S
48 of the A.P. Shops and Establishments Act, 1988-and- The Assistant Commissioner
of Labour, Circle-I, Visakhapatnam, as wholly invalid, illegal, arbitrary and a nullity
without jurisdiction and quash the same by the issuance of a Writ of Certiorari or a Writ
in the nature of Certiorari or any other appropriate Writ, Order of direction and
consequently, issue a Writ of Mandamus or a Writ in the nature of Mandamus directing
the Respondent No.1.to follow the judgment of the Hon'ble Supreme Court as stated
Supra and/or pass such other order/s or direction as this Hon'ble Court may deem fit
and proper in the circumstances of the case including the award of costs of these
proceedings and render justice.
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri G V S Ganesh, Advocate for the
Petitioner and GP for Labour for Respondent No.1, directed issue of notice to the
' Respondent No.2 herein to show cause as to why this WRIT PETITION should not be
admitted.
You viz: -
Mr. N. Kanaka Raju, S/o Sri N. Appala Swamy, R/o D.No.32-32-95, Kobbbari Thota,
80 Feet Road Visakhapatnam, AP.
are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted, after four (4)
weeks, on which date the case stands posted for hearing.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to stay all
further proceedings in APSE No.4/2019 on the file of the Respondent No.1 herein i.e.,
the Authority appointed u/S 48 of the A.P. Shops and Establishments Act, 1988-and-the
Assistant Commissioner of Labour, Circle - |, Visakhapatnam, pending disposal of
WP No. 28719 of 2021, on the file of the High Court.
The Court made the following;
\psssasersmeeenmvoneenrmniemrnncon meres - . ces mneeeLiuinc, Anne NS AACN SMO AERA EA EES
ORDER:
"Heard Mr. C.R.Sridharan, learned Senior Counsel representing the
petitioner and learned Assistant Government Pleader for Labour representing
respondent No.1. :
Issue notice to respondent No.2. .
Learned counsel for the petitioner is permitted to take out personal notice
to respondent No.2 by RPAD and file proof of service, within a period of three (3)
weeks.
However, considering the submissions made by the learned Senior
Counsel that the impugned order dated 18.11.2021, is contrary to the judgment of
the Hon'ble Supreme Court reported in (1975) 2 SCC 661 wherein it was held that
when the case of dismissal of an employee is referred for industrial adjudication,
the labour court should first decide as a preliminary issue whether the domestic
enquiry has violated the principles of natural justice as also similar view-
expressed in (2018) 18 SCC Pg 21, and perusing the said judgments, prima facie,
this Court is satisfied that a case is made out for granting interim order.
Accordingly, there shall be interim stay of ali further proceedings as prayed for.
List this matter after four (4) weeks.
Office is directed to print the name of Government Pleader for Labour on
the side of respondents in the cause-list." a my
SD/- SHAIK MOHD. RAFL-~
ASSISTANT REGIST
HfTRUE COPYI// A
SECTION ¢
Fo.
FICER
To,
1. The Assistant Commissioner of Labour, Authority appointed u/S 48 of the A.P.
Shops & Establishments Act, 1988-and- Circle - |, Visakhapatnam.
2. Mr. N. Kanaka Raju, S/o Sri N. Appala Swamy, R/o D.No.32-32-95, Kobbbari
Thota, 80 Feet Road Visakhapatnam, AP.(1 & 2 by RPAD- along with a copy of
petition and Affidavit)
3. One CC to Sri. G V S Ganesh, Advocate [OPUC]
4. Two CCs to GP for Labour, High Court Of Andhra Pradesh. [OUT]
5. One spare copy.
B
MS 4
se
HIGH COURT
NJS,J
DATED:15/12/2021
ORDER
LIST THIS MATTER AFTER FOUR (4) WEEKS
NOTICE BEFORE ADMISSION
WP.No.28719 of 2021
INTERIM STAY
18 DEC Mei
