IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL(SR) NO : 124309 of 2007 WRIT APPEAL NO. 1 1 4 0 OF 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 30/07/2007 in WP NO : 20497 OF 2006 on the file of the High Court.) Between: The Khammam District, Cooperative Central Bank Ltd., Khammam, Rep. by its General Manager, Khammam. ..... APPELLANT AND 1 Sri Ch. Kotaiah S/o. Narasimham District Cooperative Central Bank Ltd., R/o.H.No. 7-5-21, Sukrarapupeta, Khammam. 2 Appellate Authority/Deputy Commissioner of Labour, Warangal 506 001 3 Controlling Authority/Asst. Commissioner of Labour, Khammam, Wira Road, Khammam. .....RESPONDENT(S) Counsel for the Appellant:MR.SRINIVAS POLAVARAPU Counsel for the Respondent No.: . The Court made the following : THE HON’BLE SMT. JUSTICE T. MEENAKUMARI AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL(SR) NO : 124309 of 2007 . J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meenakumari) The writ appeal is filed against order dated 30-07-2007 passed in WVMP.No. 1742 of 2007 in WPMP.No. 25923 of 2006 in WP.No. 20497 of 2006 by the learned single Judge, whereby the learned single Judge while disposing of both the petitions made the interim order granted on 28-9-2006 as absolute and permitted the vacate stay petitioner-employee to withdraw half of the amount deposited before the Appellate Authority under the Payment of Gratuity Act, without furnishing any security. 2. The writ petitioner-appellant filed the writ petition challenging the order in PG.Case No.5/2005 in File No.B/1885/2004, dated 30-11- 2005 on the file of third respondent as confirmed by the second respondent in PGA.No.9 of 2006 in File No.B1/540/2006 dated 29-7-2006 as illegal, arbitrary and opposed to the provisions of Payment of Gratuity Act, Industrial Disputes Act and the Provisions of the Memorandum of Settlement, dated 15-06-1997 and to pass such other suitable orders. 3. When the matter came up for admission, the learned counsel for the appellant-writ petitioner submitted that the matter is squarely covered by a judgment dated 07-12-2007 passed by the Division Bench of this Court in W.A.No.1038 of 2007. 4. Perused the judgment dated 07-12-2007 passed by the Division Bench of this Court in W.A.No.1038 of 2007. It is relevant to extract the judgment dated 07-12-2007 passed by the Division Bench in WA.No.1038 of 2007. WRIT APPEAL NO.1038 OF 2007 J U D G M E N T (Per Hon’ble Sri Bilal Nazki, the Acting Chief Justice): Heard learned counsel for the parties. This writ appeal has been filed challenging the order dated 30-07-2006 passed by the learned Single Judge in WVMP.No.1744 of 2007 in WPMP No.25926 of 2006 in W.P.No.20500 of 2006, whereby the learned Single Judge made the interim order granted on 28-09-2006 absolute and permitted the vacate stay petitioner i.e. respondent No.1 to withdraw half of the amount deposited before the appellate authority under the Payment of Gratuity Act, without furnishing any security. The appellant/writ petitioner filed the writ petition challenging the order passed by the third respondent, which was confirmed by the second respondent, where both the authorities have held on facts in favour of respondent No.1. In these circumstances, the learned Single Judge made the interim order passed earlier absolute in favour of the appellant subject to payment of half of the amount deposited before the appellate authority to respondent No.1. We do not find any illegality in the order passed by the learned Single Judge. Therefore, this writ appeal is dismissed. No order as to costs. 5. Following the dicta laid down by the Division Bench as stated supra, we do not find any illegality in the order passed by the learned single Judge. The writ appeal is accordingly dismissed. In the circumstances, there shall be no order as to costs. ________________________ JUSTICE T. MEENAKUMARI ______________________ JUSTICE SANJAY KUMAR 29-07-2009. I s L