IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 9166 of 1999 Between: The District Secretary, All India Telecom Employees'Union Line Staff & Group- D, Rep. by its Workman M.V. Ramakrishna W.G.District, Eluru. ..... PETITIONER AND 1 The Industrial Tribunal-i Rep. by its Chairman, 1st Floor , Chandra Vihar, Hyderabad. 2 The Deputy General Manager, Telecom, West Godavari District Eluru. Dismissed for default as per court order dt.21.2.03 as agan -ist R2 .....RESPONDENTS 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 issue an appropriate writ, order or direction, more particularly a writ in the Nature of Certiorari, calling for the records relating to the impugned Award Annexure P - 1 dated 10.5.1994 made by the 1st respondent -Tribunal in I.D.No. 49 of 1992 and to quash the same with consequential directions that the workman (Shri M.V. Ramakrishna) be reinstated with continuity of service, protection of seniority and back wages from the date of termination (i.e. with effect from 11.5.87) to the date of his reinstatement, except for the period during which he was sick and bed-ridden, and also to direct the 2nd respondent-authority (at present Gneral Manager, Telecom, District Eluru -534 050) to grant the workman all incidental benefits such as temporary status with effect from 1.10.89 as per the scheme dated 7.11.89 of the Department of Telecom and regularization by absorbing him as Regular Mazodoor, i.e., as a Group ' D' employee , with effect from the date on which his immediate junior was so regularized besides awarding costs. Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for Respondent No.1: GP FOR LABOUR Counsel for Respondent NO.2: MR. S. SRINIVASA VARMA The Court made the following : ORDER: This writ petition is filed challenging the award, dated 10.05.1994, passed by the Chairman, Industrial Tribunal at Hyderabad in I.D.No.49 of 1992. The said I.D. was filed by the petitioner, namely, the District Secretary, All India Telecom Employees’ Union, Line Staff & Group ’D’, West Godavari District, Eluru, representing the cause of the workman Sri M.V.Ramakrishna. As the Industrial Tribunal denied the relief to the workman, the petitioner filed the present writ petition. There is no representation on behalf of the petitioner. But, it is noticed that by the orders of this Court, dated 21.02.2003, the writ petition was dismissed for default as against the second respondent, namely, the Deputy General Manager, Telecom, West Godavari District, Eluru, who was the sole respondent in the industrial dispute. It is needless to state that the issues sought to be raised in this writ petition cannot be adjudicated in the absence of the second respondent organization, against which the writ petition has already been dismissed for default. Accordingly, no cause of action survives in this writ petition and the writ petition is dismissed. There shall be no order as to costs. _____________________ P.V.SANJAY KUMAR, J Dated:18.08.2008 sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Chairman, Industrial Tribunal-i, 1st Floor , Chandra Vihar, Hyderabad. 2. 2CCs to the Government Pleader for Labour,High Court Building, Hyderabad. (OUT) 3. 2CD copies Form-NIC-OGS/WP{MN}