IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 1110 of 2004 Between: 1 K.Ramakrishnareddy, S/o.Masthan Reddy R/o.4-231, Super Bazar St., Proddatur, Cuddapah District 2 S.Venkata Ramana, S/o.Sreenivasulu 2-855-36, Y.S.Nagar, Proddatur. 3 M.Sreeramulu S/o.Pullaiah 5-511, Vinayakanagar, Proddatur. 4 N.Rama Subbaiah, S/o.Jayaramaiah 5-194, Vijayanagaram Street, Proddatur 5 K.Veerabhadraiah S/o.Jangamaiah 5-88, Vijayanagaram Street, Proddatur. 6 G.Jayaramireddy S/o.Mallareddy, 2-259, Balajinagar Proddatur 7 B.Sreenivasulu S/o.Rangappa 29-302, Rameswaram, Proddatur 8 V.Obulesu S/o.Obanna 3-778, Aravindasramam St. Proddatur 9 S.Mabu Basha, S/o.Madar Sab 24-480, Vasanthapeta, Proddatur 10 C.Subbarayudu S/o.Subbaiah 4-332, Super Bazar St, Proddatur 11 B.Venkata Subbaiah S/o.Peda Subbaiah 24-94, Power House Road, Proddatur 12 D.Madhusudhana Rao S/o.Venkatramaiah 7-129, SRK st., Proddatur 13 R.Harikalyan Krishna Chaitanya S/o.Syam Prasad, 27-265, Near New Raghavendra Swamy 14 P.C.Subbarayudu S/o.Subbanna, 26-38, Vasanthapeta, Proddatur 15 V.Venkateswarlu, S/o.Subbarayudu 5-874, Sreeramnagar, Proddatur. 16 G.Subbarayudu S/o.Subbanna 12-598, Kota Street, Proddatur. 17 K.Ummar Valli S/o Peeran Sab, 16-12, Penna Nagar, Proddatur 18 V.Gnanaiah S/o.Santhaiah 11-98, Mascha Colony, Proddatur ..... PETITIONER(S) AND 1 Deputy Registrar of Cooperative Societies, Proddatur Cuddapah District. 2 The Proddatur Cooperative Town Bank Ltd., rep.by its President, Konetikalva st., Proddatur, Cuddapah district. 3 The District Cooperative Officer, Cuddapah. 4 The Government of A.P., rep.by its Secretary, Cooperative Dept, Hyderabad. 5 The Registrar of Cooperative Societies, Govt.of A.P., Hyderabad. .....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 an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in issuing the notice dt.5.12.2003 is illegal, arbitrary and violation of Principles of Natural Justice under Art.14, 16&21 of the Constitution of India and consequently direct the respondents to pay salaries and other allowances to the staff and employees working under the 2nd respondent bank without reference to Sec.116(C) of the A.P. Cooperative Societies Act, 1964 inveiw of the Settlement between the All Cooperative & Town banks in Andhra Pradesh rep by A.P.Urban & Town cooperative Banks Association and their workmen rep.by A.P.Cooperative Urban & Town Bank Employees Association under Sec.18(1) of the Industrial Disputes Act, 1947. Counsel for the Petitioner:MR.H.PRAHALADA REDDY Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : ORDER : The petitioner filed this petition under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the respondents in issuing the notice dated 05.12.2003 is illegal, arbitrary and violation of Principles of Natural Justice and consequently direct the respondents to pay salaries and other allowances to the staff and employees working under the 2nd respondent bank without reference to Section 116(C) of the A.P. Cooperative Societies Act, 1964 in view of the settlement between the All Cooperative and Town Banks in Andhra Pradesh represented by A.P. Urban and Town Cooperative Banks Association and their workmen represented by A.P. Cooperative Urban & Town Bank Employees Association under Section 18(1) of the Industrial Disputes Act, 1947. This Court while issuing Rule Nisi by an order dated 22.01.2004 was pleased to pass the following order: “There shall be interim stay as prayed for. However, if any of the petitioners retire in the meanwhile, the amount equivalent to retiral benefits shall be kept into suspicious account till the disposal of the writ petition”. Pursuant thereto, it appears that the Government of Andhra Pradesh issued G.O.Ms.No.150, dated 22.06.2009 and the text of the said G.O. is as follows: “In the circumstances reported by the Commissioner for Cooperation and Registrar of Cooperative Societies, A.P. Hyderabad, in the reference read above, Government after careful consideration of the proposal hereby exempt the Proddatur Cooperative Urban Bank Limited, Proddatur, Kadapa District, from Section 116(C) of APCS Act 1964 u/s 123 of APCS Act 1964 for a period of 2 years with effect from 01.04.2009, subject to the condition that there will be no further increase in salaries to the staff during the exemption period. In the light of the said G.O, in my considered view, no further orders need be passed in this writ petition. Accordingly, this Writ Petition is closed. No order as to costs. _________________________ GOPALA KRISHNA TAMADA, J July 21, 2009 KSH