IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2655 of 2004 Between: The Singareni Collieries Co.Ltd., rep., by its Superintendent of Mines, Godhavarikhani, 10-A Incline, Karimangar District. ..... PETITIONER AND 1 Sri Ch.Sudhakar, s/o Kasiah, r/o 3-6-560/A/1, Himayathnagar, Hyderabad. 2 The Central Government Industrial Tribunal-cum- Labour Court at Hyderabad rep., by Presiding Officer 3 The Regional Labour Commissioner (Central) ATI Campus, Vidyanagar, Shivam Road, Hyderabad R3 is impleaded as per Court order dt. 25-4-2006 in WPMP 10636 of 2006 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of certiorari, after calling for the records from the respondent Labour Court pertaining to L.C.M.P.No.20/2001 dt.7-1-03 and quash the order as illegal, arbitrary and without jurisdiction Counsel for the Petitioner:MR.K.SRINIVASA MURTHY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: This writ petition has been filed seeking to issue a Writ of Certiorari after calling for the records from the respondent Labour Court pertaining to LCMP. No.20 of 2001 dated 07-01-2003 and quash as illegal, arbitrary and without jurisdiction. The ﬁrst respondent herein, workman, ﬁled IDMP. No.20 of 2001 on the ﬁle of the Central Government Industrial Tribunal-cum- Labour Court, Hyderabad seeking a direction to the respondents therein to pay Rs.29,200/- towards the salary from 01-04-1997 to 5-05-1997 and wages of Rs.12,000/- from 01-04-1997 to 16-05-11997 i.e. for 45 days @ 8,000/- per month. He also claimed Rs.12,000/- towards the voluntary retirement beneﬁt and Rs.5,200/- towards the leave payment. The respondents therein ﬁled counter, inter alia, stating that the workman has opted voluntary retirement scheme and he is not entitled to all amounts claimed by him. After considering the entire evidence on record, the learned Tribunal directed that the wages be recalculated taking the average from 01-04-1995 to 31-03-1997 and pay 24 months wages deducting whatever was already paid to him. He is not entitled for any wages or any leave beneﬁt, as leave beneﬁts have already been paid to him. Assailing the same, the Singareni Collieries Company Limited ﬁled the present writ petition. No counter has been filed by the workman. This Court on 13-02-2004 while issuing Rule nisi granted interim suspension on condition of the petitioner depositing half of the amount ordered to be paid by the Labour Court within six weeks from the date of order. During the course of hearing the writ petition, the learned counsel for the petitioner placed a fax message dated 07-07-2008, which reads as follows: “With reference to the above, this is to inform that a Cheque bearing No.784655 dated 19th December 2006 drawn from SBH, Jallaram Branch for an amount of Rs.2,272-14 (Rupees two thousand two hundred and seventy two and paise fourteen only) was sent by registered post to Sri CH.Sudhkar, Ex-Foreman, GDK 10A incline, as per the award of the CGIT, Hyderabad in the LCID No.20 of 2001 in old MP. No.4 of 2000 in full and ﬁnal settlement of the dispute raised. In view of the ﬁnal settlement, the ID is treated as implemented in full.” The said fax message reveals that the ﬁrst respondent herein, workman, had received certain amounts, which is a subject matter in the writ petition, which amount is towards full and final settlement of LCID No.20 of 2001. Having regard to the facts and circumstances of the case and in view of the above fax message that full and ﬁnal settlement has been made to the respondent workmen, I am of the view that no further orders are required to be passed and the writ petition can be closed. Accordingly, recording the said fax message dated 07-07-2008, this Writ Petition is closed. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 12-08-2008 LSK