THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT APPEAL NO.1101 OF 2009 Dated: 09.11.2010 Between: Andhra Co-operative Spinning Mills Limited, Guntakal, rep., by the Liquidator/Assistant Director of Handlooms & Textiles, Anantapur ..Appellant And 1. Industrial Tribunal-Cum-Labour Court and others. .. Respondents. THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT APPEAL NO.1101 OF 2009 ORDER: (Per Hon’ble Sri. Justice A. Gopal Reddy) This writ appeal has been filed against the order of conditional interim stay passed by the learned single Judge in WPMP No.15702 of 2009 in WP No.12162 of 2009, dated 23.6.2009. Since a dispute had arisen out of G.O.Rt.No.843, dated 12.5.2004, the reference is made to the Industrial Tribunal in I.D.No.113 of 2004 as follows: “Whether the workmen of A.C.S. Mills Limited, Guntakal represented by Karmika Porata Sangham (as per annexure) are justified in demanding V.R.S. benefits basing on the wages recommended by the textile Wage Committee as per the G.O.Rt.No.2816, dated 7.2.1991; if not, to what relief the workmen are entitled?” The Tribunal by order, dated 6.5.2009 answered the reference in favour of the petitioner-ACS Mills Karmikaporata Sangham. Aggrieved by the same, Andhra Co-operative Spinning Mills Limited, Guntkal, rep., by its Liquidator, filed WP No.12162 of 2009. Along with the writ petition, it has also filed WPMP No.15702 of 2009 seeking to grant interim stay of all further proceedings in I.D.No.113 of 2004, dated 6.5.2009 published in G.O.Rt.No.720, Labour Employment Training and Factories (Lab-I) Department, dated 15.5.2009, pending the writ petition. The learned single Judge granted interim stay on condition of the writ petitioner depositing one third of the amount awarded by the Tribunal on or before 30th September, 2009 to the credit of I.D.No.113 of 2004 on the file of the Industrial Tribunal-cum-Labour Court, Ananthapur. Aggrieved by the conditional stay, the writ petitioner preferred the present appeal. Heard the learned Counsel and perused the material available on record. The learned Counsel for the writ petitioner-appellant submitted that the workmen through the recognized unions agreed to forgo the benefits conferred under G.O.Rt.No.2816, dated 7.2.1991 and therefore, they are not entitled to the benefits under the G.O. in question. But, this plea was not taken by the writ petitioner-appellant at the earliest point of time, before the Tribunal. If any finding is given by this Court at this stage of the interlocutory proceedings on this aspect, it may touch the very merits of the writ petition. In view of the same and in view of the fact that the main writ petition is pending and the present appeal is filed against the conditional stay, it has to be examined whether the condition imposed by the learned single Judge while granting stay in the W.P.M.P is onerous or not. In view of the nature of the proceedings coupled with the order of the Tribunal, we do not find any manifest irregularity or illegality in the order impugned herein. Hence, the writ appeal is liable to be dismissed. Accordingly, the writ appeal is dismissed. No order as to costs. However, time granted by the learned single Judge to comply with the conditional order is extended till the end of January, 2011. It is needless to observe that the parties are at liberty to make a mention before the learned single Judge for early hearing of the writ petition. _______________________ Justice A. Gopal Reddy ____________________________ Justice Ashutosh Mohunta Date: 9.11.2010 Nn THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT APPEAL NO.1101 OF 2009 (Order delivered by the Hon’ble Sri Justice A. Gopal Reddy) Dated: 9.11.2010