THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED WRIT PETITION No.2324 of 2000 ORDER: This writ petition is filed seeking to issue a writ of Certiorari calling for the records in I.A.No.3 of 2000 in M.P.No.30 of 1996, dated 08.02.2000 on the file of the Labour Court-I, Hyderabad and to quash the same as illegal and arbitrary. The brief facts of the case that led to filing of this writ petition are that the second respondent herein filed M.P.No.30 of 1996 before the Labour Court claiming recovery of certain amounts allegedly due from the writ petitioner. In the said case, the writ petitioner was set ex parte and an order, dated 28.08.1998, was passed attaching the property of the petitioner-firm. Subsequently, the writ petitioner filed the said I.A. under Section 11 of the Industrial Disputes Act seeking to set aside the said ex parte order, dated 28.08.1998, and the Labour Court dismissed the same by the impugned order. Aggrieved by the same the present writ petition is filed, seeking to quash the impugned order as illegal and arbitrary. Heard learned counsel appearing on either side and perused the relevant material papers available on record. From a perusal of the impugned order, it is clear that the process server has written in his report that the owner of the said shop was present when he went to serve the notice, but refused to receive the same, hence, the notice was returned unserved. In such circumstances, the writ petitioner was set ex parte in the said main M.P. The petitioner having refused to receive the notice in the said M.P. cannot, later on, contend that he was set ex parte without any notice to him. His conduct is not appreciable. Hence, no indulgence can be shown to him. The Labour Court has rightly exercised its discretion and passed the impugned order, which does not suffer from any illegality and infirmity warranting interference by this Court. Accordingly, the writ petition is dismissed. However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 02nd December 2010 dr