IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 12852 of 1999 Between: 1 E.B.David Sunder S/O Bhushanam R/o H.NO 3-14-32 Srinivasa Puram, Ramanthapur, Hyderabad. 2 V.Narayan Rao S/o. Appa Rao R/o. Flat No.206, Gayatri Apartments, Opp: Kalpana Talkies, Kavadiguda, Secunderabad. 3 A.V.N.Raju, S/o.Krishnam Raju Corporation Limited R/o.Flat No.448/A, Sector-III, Ukku Nagaram, Visakhapatnam. 4 K.Jayalakshmi W/o.KS Venkatraman R/o.H.No.4-5-532, Badechowdi Sultan Bazar, Hyderabad. (Legal heir of Sri KS Venkatraman). 5 G.Vasanth Reddy S/o.G.Butcha Reddy Corporation Limited R/o.H.No.11-2-56, Kanteswar, Nizamabad. 6 R.Suguna W/o.R.Sudhakar Rao R/o.10-4-88/A, Girmajipet, Warangal. (Legal Heir of Sri R.Sudhakar Rao) 7 H.Narender Babu S/o.H.Rajeswar R/o.H.No.8-4-403/12, Plot No.421, Premnagar, Erragadda, Hyderabad. 8 M.Chander Rao S/o.M.Rama Rao Corporation Limited, R/o.H.No.48/79, Budhavarapupet, Kurnool. 9 P.Prakash Reddy S/o.Venkat Subba Reddy Corporation Limited R/o.H.No.6-452/A8-2, Kovvurnagar, Ananthapur. 10 Ch.V.Dharma Rao S/o.Ch.Sitaramaiah (late) Corporation Limited R/o.8-8-31, Brahmin Street, Khammam. 11 S.F.Quadri s/o.S.k.Pasha Quadri (late) Corporation Limited R/o.H.No.10-1-854, Quadri Manzil, A.C.Guards, Hyderabad. 12 M.Madhu S/o.Ramakrishna Rao Corporation R/o.H.No.29-7-50, Near Anantam Hospital, Suryaraopet, Vijayawada, Krishna District. 13 R.Somaiah S/o.Somanna Corporation Limited R/o.H.No.6-481/A1, Kovvurnagar, Ananthapur. 14 P.Nageshwara Rao S/o.Ranga Rao Corporation Limited R/o.H.No.74-6/7, NetajiRoad, Ayyappa Nagar, Vijayawada, Krishna District. 15 D.Rama Murthy S/o.Subrahmanyam Corporation Limited R/o.Plot No.B-21, Road No.8, Film Nagar, Jublee Hills, Hyderabad. 16 M.Simon Louis S/o.Simon Corporation Limited R/o.384/5, Main Road, Frozer Towers, Bangalore. 17 S.Krishnaji S/o.Narasimha Rao (late) Corporation Limited R/o. 20-15-47, Tummalora, Rajahmundry, East Godavari District. ..... PETITIONER(S) AND 1 A.P.State Agro Industries Development Corporation Limited, Rep. by its Managing Director Agro Bhavan, 10-2-3, A.C.Guards, Hyderabad - 500 004. 2 Government of Andhra Pradesh, Rep. by its Principal Secretary Food & Agriculture Department Secretariat Buildings, Hyderabad. 3 Commissioner, Public Enterprises Management Board, Government of Andhra Pradesh Secretariat Buildings, 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 order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ declaring the action of the respondents in not implementing the Section4(3) of the Payment of Gratuity Act as amended by Act 11/98 with effect from 24-9-97 as illegal, arbitrary and descriminatory offending Article 14 of the Constitution of India and consequently direct the respondent-Corporation to calculate and arrange to pay the gratuity as per the amended provisions of Section 4(3) of the payment of Gratuity Act subject to a maximum of Rs.3,50,000/- together with interest as per Section 7(3-A) of the payment of Gratuity Act and costs; and pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.RAVINDRANATH REDDY Counsel for the Respondent No.: MR.B.THIMOTHI The Court made the following : THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.12852 OF 1999 O R D E R This writ petition was listed earlier along with connected matters, which were disposed of on merits. However, there was no representation through out on behalf of the petitioners in this case or their counsel. Taking note of this aspect on 23.07.2009, the writ petition was directed to be listed ‘for dismissal’ on 30.07.2009. Today also, there is no representation on behalf of the petitioners or their counsel. The writ petition is accordingly dismissed for non-prosecution. No costs. -------------------------- SANJAY KUMAR,J 30th JULY, 2009 PGS