IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 12392 of 2004 Between: The Depot Manager, APSRTC, Shadnagar, Mahaboobnagar District. ..... PETITIONER AND 1 Sri M.A. Aziz S/o. M.A. Razak, Retd. Depot Clerk, C/o. Sri Syed Dastagiri, Advocate, D.No. 10-6-427/1, Osmanpura, Hyderabad -27. 2 The Labour Court-III, Hyderabad, rep. by its Presiding Officer. .....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 issue an appropriate writ order or direction especially one in the nature of writ of Certiorari, calling for the records relating to the impugned order dated 14.6.2004 made in MP No. 65/2003, Labour Court-III, Hyderabad, directing to deposit the entire amount of Rs. 3.28,874/- on or before 7.7.2004, and quash the same as being illegal, without jurisdiction and invalid and pass such other order or orders just and necessary in the circumstances of the case Counsel for the Petitioner: Mr.K.Harinath Counsel for Respondent No.2: The Government Pleader for Labour. The Court at the admission stage made the following Order: The petitioner-Corporation filed this writ petition to quash the order of the second respondent-The Labour Court-III, Hyderabad, dated 14-06-2004 directing the petitioner to deposit Rs.3,28,874/-, being the amount payable to the first respondent, on or before 07-07-2004. The first respondent worked as a Depot Clerk in the petitioner-Corporation. In a disciplinary matter, he was removed from service. He questioned the said order before the second respondent. The second respondent directed the petitioner to reinstate the first respondent by treating the period from the date of removal till the date of superannuation i.e. from 27-10-1997 to 31-03-2001 as on duty for all purposes with full back wages, continuity of service and other benefits. The petitioner approached this Court through W.P.No.1484 of 2004 seeking to quash the award passed by the second respondent dated 5-6-2003 in I.D.No.140 of 2000. During the pendency of the said writ petition, this Court passed the following order in W.P.M.P.No.1947 of 2004 dated 28-01-2004: “There shall be an interim stay of the award only to the extent of payment of 50% of back wages as awarded by the Labour Court-III, Hyderabad. The petitioner shall deposit other 50% of the amount within a period of six weeks from today. The order will not come in the way of respondent employee in claiming retiral benefits as per the award”. The above order indicates that the petitioner has to pay 50% of the amount granted by the second respondent within a period of six weeks from the date of the said order. The petitioner failed to deposit the said amount and also failed to work out the terminal benefits, though there is no order of stay by this Court. The petitioner despite the latches on its part approached this Court through this writ petition seeking to quash the order of the second respondent dated 14-06-2004 directing to pay the amount mentioned therein. The petitioner is not entitled to maintain this writ petition having failed to comply with the direction issued by this Court in in W.P.M.P.No.1947 of 2004 in W.P.No.1484 of 2004. The writ petition is accordingly dismissed at the stage of admission. ______________ 19-07-2004 kdl TO 1. The Presiding Officer, Labour Court-III, Hyderabad, 2. Two C.Cs. to the Government Pleader for Labour, High Court Buildings, A.P., Hyderabad. (OUT) 3. Two C.D. Copies.