IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6951 of 2008 Between: 1 B. Srinivasulu S/o. B. Mallappa R/o. 24/369/1, Karvenpeta, Adoni, Kurnool District. 2 Kadappa S/o. Nagappa R/o. Adoni, Kurnool District. 3 U. Usenappa S/o. Hayanna R/o. Arunjyothi Nagar, Kurnool District. ..... PETITIONER(S) AND 1 The Joint Action Committe, Alimchand opandass Oil Industires Limited, D.NO.1-8, Near Railway Station, Gooty, Ananthapur District. 2 Assets Recontruction Company (India) Limited, Office at 17th Floor, Express owers, Nariman Point, Mumbai-400021. 3 The District Collector, Ananthapur District, Ananthapur. 4 The Tahsildhar, Gooty, Ananthapur District. .....RESPONDENT(S) 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 to issue a writ of mandamus, or any other appropriae writ, order or directions declaring that the action of the respondent in seeking to sell away the property in Sy.No.509/A/1, D.No.1-8, Near Railway Station, Gooty, Ananthapur District, A.P. ignoring or without taking away any steps for settling the claims of member of petitioners union as arbitrary, illegal, and violative of Article 14, 19(1)(g) and 21 of Constitution of India, apart from being violative of Section 529 A of the Companies Act and second proviso to section 9 of SEction 13 of Securitisation and reconstruction of financial assets and enforece reconstruction of financial assets and enforce reconstruction of financial assets and enforcement security interest act ( for short the act) and consequently direct the Respondent No.1 and 2 not ot part away or induct third party in possession of the property in question i.e., land in Sy.No.509/A/1, D.No.1- 8, Near Railway Station, Gooty, Ananthapur District, A.P. until the claims of member of petitioners union are settled and to pass Counsel for the Petitioner:MR.VIJAY B.PAROPAKARI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO 6951 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the respondents in trying to sell away the property in Survey No. 509/A/1, D No. 1-8, Near Railway Station, Gooty, Anantapur district, without settling the claims of the petitioners, as illegal and arbitrary. The case of the petitioners is that they are the employees of M/s.Alim Chand Topandas Oil Industries Limited, which company has stopped its operations illegally, without settling the claims of its employees. It is stated that the said company has borrowed certain amounts from M/s Punjab National Bank, Hyderabad and could not repay the same and the said bank entrusted the recovery of the said dues to second respondent-Asset Reconstruction Company (India) Limited. The second respondent has issued a public notice for sale of the property in Survey No. 509/A/1, D No. 1-8, Near Railway Station, Gooty, Anantapur district. The employees of the company are said to have formed as a Joint Action Committee, and submitted representations to second respondent to settle the statutory dues of the workers, but no action is taken thereon. Now the grievance of the petitioners is that the second respondent is trying to dispose of the assets of the company, without settling the dues payable to the employees of the company. Hence, the present writ petition. If the petitioners have any grievance with regard to settlement of dues payable to them by their employer, they have to avail the remedies available under the Industrial Disputes Act or to approach the concerned authorities of Labour Department by way of making appropriate application/representation. However, without availing the said remedies, the petitioner straight-away filed the present writ petition seeking stay of the proposed auction by the second respondent, which is not maintainable. At this stage, learned counsel for petitioners sought liberty to make appropriate application before the concerned authorities. Accordingly, the writ petition is dismissed granting liberty to the petitioners to avail the remedies open to them under law. No costs. ____________ N.V.RAMANA,J DATE: 1.4.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6951 of 2008 Date: 1.4.2008