HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.19221 OF 2001 Dated : 03.12.2010 Between : M/s.Srinivasa A/c. Deluxe …. Writ Petitioners a n d M.Ramesh & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.19221 OF 2001 ORDER: Petitioner filed the present Writ Petition under Article 226 of Constitution of India seeking to quash the order, dated 24.09.2001, passed in I.A.No.9 of 2001 on the file of the second respondent herein under Section 48 (3) of A.P. Shops & Establishment Act (Deputy Commissioner of Labour, Warangal). Heard the learned counsel for the writ petitioner. It is evident from the record that the respondent herein preferred the second appeal before the second respondent under Section 48 (3) of the A.P. Shops & Establishment Act, 1988, along with I.A.No.9 of 2001 seeking condonation of delay of 189 days in filing the second appeal and the same was allowed by the second respondent. The main contention of the petitioner is that the period for preferring the second appeal against any decision of the authority under sub section (2) of Section 48 is 30 days as prescribed under Section 48 (3) of A.P. Shops & Establishment Act and there is no provision in the Act empowering the second appellate authority to entertain any appeal filed after the lapse of 30 days. Hence, he prayed to dismiss the order passed by the second respondent wherein he allowed the delay condonation petition. Ever since from the date of service of notice, neither the contesting respondent nor the Government Pleader for Labour filed any counter. It seems that they are not interested in pursuing the matter. After perusal of the entire material on record and also the relevant provisions of the Act, the writ petition is allowed and the impugned order is hereby set aside. There shall be no order as to costs. ________________________ JUSTICE RAJA ELANGO Dated : 03.12.2010 sur