IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 22738 of 2005 Between: 1. M.Babu Rao, s/o Venkata Narayana Kaparde, r/o Flat No.A-702, Matrusri Apartments, Hyderguda, Hyderabad-051 2. M.V.madhusudan, s/o M.V.Subrahmanyam, r/o 4-72, Street No.8, Habsiguda, Hyderabad-500 007. 3. D.Krishna Rao, s/o D.Shanmukha Rao, r/o Flat No.A-312, Anurdaha Apartments, Adikmet, Hyderabad-500 044. 4. V.Sivasankara Reddy, s/o Ramakoti Reddy, r/o Plot No.37, Sapthagirinagar, Rethibowli, Hyderabad- 500 028. 5. V.Uday Shankar, s/o V.Venkata Subbaiah, r/o H.No.10-87/1, S.B.I.Colony, Kothapet, Hyderabad-500 035. 6. M.Suryanarayana Raju, s/o M.Venkata Rama Raju, r/o H.No.2-1-283, Flat No.102, Saivishnu Apartments, Nallakunta, Hyderabad-44. ..... PETITIONERS AND 1 Hindustan Cables Ltd., represented by its Chief General Manager, Hindusthan Cables Post,Hyderabad-500 051. 2 The District Collector, Ranga Reddy District, Hyderabad. 3 The Mandal Revenue officer, Uppal Mandal, Ranga Reddy District, Uppal. .....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 a writ order or direction more in the nature of mandamus declaring the action of the 1st respondent in insisting for giving an undertaking for making payment of the amounts due to them under the lawful and ﬁnal orders of the Controlling Authority under the Payment of Gratuity Act, 1972 as illegal, arbitrary, violative of Art.14, 16 and 21 of the Constitution of India and consequentially to direct the 1st respondent to make payment of the amounts due to the petitioners under the respective orders of the Controlling Authority under the Payment of Gratuity Act, 1972 forthwith or alternatively to direct the respondents 2 and 3 recover the amounts from the 1st respondent within a time frame and make payment to the petitioners and to pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.SUDHIR KUMAR Counsel for the Respondent No.: MR.V.VENKATA RAMANA The Court made the following : THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.22738 of 2005 And C.C. NO.1360 OF 2005 COMMON ORDER: This writ petition has been filed seeking to issue a Writ of Mandamus declaring the action of the 1st respondent in insisting for giving an undertaking for making payment of the amounts due to them under the lawful and ﬁnal orders of the controlling authority under the payment of Gratuity Act, 1972 as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the 1st respondent to make payment of the amount due to the petitioners under the respective orders of the controlling authority under the payment of Gratuity Act, 1972 forthwith or alternatively to direct the respondents 2 and 3 to recover the amounts from the 1st respondent within a time frame and make payment to the petitioners. Along with the writ petition, the petitioners also ﬁled WPMP. No.29119 of 2005 seeking interim direction to the 1st respondent to make payment of the amounts due to the petitioners under the respective orders of the controlling authority under the payment of Gratuity Act, 1972 forthwith without insisting for giving an undertaking, pending the above writ petition. The case of the petitioners was that after their retirement they have not been paid gratuity amount as per their entitlement, for which, they approached this Court by way of filing the present writ petition. This Court on 21-10-2005 while issuing Rule nisi granted interim direction as prayed for in WPMP. No.29119 of 2005. On 13-06-2008 it was represented that the interim direction given by this Court on 21-10-2005 has been complied with and the matter was directed to be listed along with C.C. No.1360 of 2005 for orders. Today when the matter has been taken up for hearing, the learned Standing Counsel appearing for the respondents submits that pursuant to the interim order dated 21-10-2005 passed by this Court the amounts due to the petitioners have already been paid and as such, the interim direction has already been complied with. In view of the same, the writ petition may be disposed of making the interim order as ﬁnal order. He further submits that consequent to compliance of the interim order, contempt case may also be closed. Learned counsel appearing for the petitioners does not dispute the factum of compliance of the interim order dated 21-10-2005 and payment made due to the petitioners. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, the interim order passed by this Court on 21-10- 2005 in WPMP. No.29119 of 2005 is made as ﬁnal order in the writ petition and consequently the Contempt Case No.1360 of 2005 is closed. In the result, accordingly, the Writ Petition is disposed of and the C.C. No.1360 of 2005 is closed. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 21-08-2008 LSK