HON’BLE MR JUSTICE R. KANTHA RAO W.P.NO.14946 OF 2001 DATED: .01.2011 BETWEEN: Sri P.V.Shivaji and others .. Petitioners And The Cooperative Sub Registrat/Liquidator The West Godavari Dit. Co.op.Modern Rice Mills and others .. Respondents HON’BLE MR JUSTICE R. KANTHA RAO W.P.NO.14946 OF 2001 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus suspending the impugned letter dated 15.02.2001 addressed by the first respondent and directing the respondents to release the retrenchment compensation to the petitioners. Heard learned counsel appearing for the petitioners and the respondents. The petitioners are the workers of the West Godavari District Cooperative Modern Rice Mills, Tadepalligudem. It was liquidated on 20.07.1993. According to them, the said liquidation was done without any notice to them and without giving any retrenchment compensation or terminal benefits. Earlier, these petitioners had filed W.P.No.32254 of 1998 claiming certain reliefs consequent to the liquidation of the establishment. The writ petition was disposed of on 28.04.2000 directing the respondents to pay interest accrued on gratuity amount to the petitioners as per law within a period of four weeks. It is submitted on behalf of the petitioners that the said amount was paid to them, but the retrenchment compensation was delayed. They made a representation to the Official Liquidator on 02.09.2000, but the Official Liquidator-first respondent by his letter dated 15.02.2001 rejected their claim. Aggrieved by the said letter, the petitioners filed the present writ petition. In the counter affidavit filed by the first respondent, it has been contended that by the time the rice mill went into the liquidation, the workers and staff were retrenched duly giving notices as per rules and provisions in force. The workers were paid amounts due to them by the Official Liquidator, the petitioners and some of the workers filed W.P.No.32254 of 1998 through the West Godavari Rice, Oil, Dall and Flour Mills Workers Federation, Registered Society No.889, Tadepallygudem represented by its General Secretary. The said writ petition was disposed of on 28.04.2000 directing the respondents therein to pay interest accrued on the gratuity amount to the workers within a period of four weeks and the said amount was paid by the Official Liquidator after disposing of some of the fixed assets of the rice mill. According to the respondents, the petitioners and some other workers, staff members were paid wages, bonus, gratuity and interest on gratuity as per their eligibility. The respondents have furnished the details of the payments made to the workers and staff members as per the direction in the W.P.No.32254 of 1998. Thus, according to the respondents, the petitioners, who did not raise the present issue in the earlier writ petition i.e. W.P.No.32254 of 1998 and since the directions issued by this Court in the said writ petition have been duly complied with by the respondents, the petitioners are estopped from raising the plea of retrenchment compensation and claiming interest at the rate of 12% on wages, bonus etc. It is also their contention that according to Section 45 of the A.P. Shops and Establishments Act, 1988 since the petitioners were paid gratuity under the payment of gratuity Act consequent on their termination, they are not entitled for any retrenchment compensation. As rightly contended by the respondents in W.P.No.32254 of 1998 earlier filed by the petitioners, they did not raise the plea of payment of retrenchment compensation and the respondents have duly complied with the order dated 28.04.2000 passed in the said writ petition the petitioners are estopped from raising the new plea at a belated stage in the present writ petition. Section 47(5) of the A.P. Shops and Establishments Act reads as follows: “The payment of service compensation under this section shall not apply in cases where the employees are entitled to gratuity under the payment of Gratuity Act, 1972 and gratuity has been paid accordingly consequent on the termination or cessation of Service.” In view of the said provision, the petitioners, who were paid gratuity as well as interest on gratuity, are not eligible for retrenchment compensation under the said Act. The petitioners’ claims pursuant to the liquidation of the rice mill had already been settled as per the order dated 28.04.2000 of this Court in W.P.No.32254 of 1998. Therefore, the petitioners are estopped from claiming the retrenchment compensation. The service compensation being paid under Section 47(5) of the A.P. Shops and Establishments Act, 1988, the petitioners are precluded from re-agitating for the retrenchment compensation. For the foregoing reasons, the writ petition is dismissed. There shall be no order as to costs. ________________ Date: 24.01.2011 R. KANTHA RAO, J kvrm HON’BLE MR JUSTICE R. KANTHA RAO W.P.NO.14946 OF 2001 DATE: 24.01.2010