IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 783 of 2006 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 28/06/2006 in WP NO : 27496 OF 1998 on the file of the High Court.) Between: Sponge Iron India Limited, Rep. by its General Secretary, G.Ram Das, D/o Ramulu, Karmik Union, Regd.No.E-1638, Afiliated to CITU & SWFI, Paloncha, Khammam Dist., R/o H.No.F-13, SIILL Campus, Paloncha, Khammam Dist. ..... APPELLANT AND 1 The Sponge Iron India Ltd., Paloncha, Rep. by its Chairman cum Managing Director, Paloncha, Khammam District, Andhra Pradesh. 2 The Sponge Iron India Ltd., Rep. by its Director, Finance, Paloncha, Khammam District, A.P. .....RESPONDENTS Counsel for the Appellant: MR.G.VIDYASAGAR Counsel for the Respondents: MR.M.PANDURANGA RAO The Court made the following : JUDGMENT: (per the Hon’ble Sri Justice A. Gopal Reddy) This appeal, under Section 15 of the Letters Patent, is directed against the common order dated 28.06.2006 passed in W.P.No.27496 of 1998, whereby and whereunder the writ petition ﬁled by the appellant was disposed of with a direction to the petitioners to approach the appropriate forum to work out their remedies as available under law within a period of three weeks from the date of the order by ﬁling an application, and on ﬁling such application, the appropriate forum shall entertain the same and dispose of the matter within a period of six months from the date of receipt of such application. Till the disposal of such application, the impugned order dated 10.09.1998 shall not be given effect to. In compliance with the directions issued by this Court, the appellant/petitioner raised a dispute before the Conciliation Oﬃcer and on Conciliation Oﬃcer sending the failure report dated 29.03.2006 under Section 12(4) of the Industrial Disputes Act to the Government of A.P. for reference of dispute for adjudication to the Industrial Tribunal, the Government of A.P. referred the dispute for adjudication to the Industrial Tribunal-cum-Labour Court, Warangal, in I.D.No.67 of 2006, which is now pending for adjudication before the Labour Court, Warnagal. Thereafter, when the matter is pending as such before the Labour Court, the appellant/writ petitioner ﬁled W.A.M.P.No.1243 of 2008 contending that at the stage when the Tribunal is proceeding to adjudicate the matter, an objection was raised by the employer/management that the matter is subjudice before this Court in W.A.No.783 of 2006. In fact, the relief sought for in the writ appeal is only limited to the recoveries in pursuance of the circular dated 30.05.2006. In view of the submission made by the employer, the Labour Court is not proceeding with the matter. Therefore, a clarification was sought to clarify that the Industrial Tribunal-cum-Labour Court at Warangal may proceed and decide the dispute referred to it in I.D.No.67 of 2006 uninﬂuenced by the pendency of the writ appeal. The appellant cannot have any grievance against the impugned order passed by the learned Single Judge relegating the parties to approach appropriate forum to resolve the dispute. In fact in compliance of the order a dispute has been raised by the appellant before appropriate forum. Once the appellant has accepted the order passed by the learned Single Judge and raised a dispute, which is now referred to the Industrial Tribunal, nothing remains to be adjudicated in this Writ Appeal. Accordingly, the Writ Appeal is disposed of directing the Industrial Tribunal-cum-Labour Court to dispose of the I.D. uninfluenced by any of the observations made by this Court. ​___________________ (A. GOPAL REDDY,J) _________________________ (VILAS V. AFZULPURKAR,J) 2nd September, 2008 Js. ………………. REGISTRAR To 1 The Sponge Iron India Ltd., Paloncha, Rep. by its Chairman cum Managing Director, Paloncha, Khammam District, Andhra Pradesh. 2 The Sponge Iron India Ltd., Rep. by its Director, Finance, Paloncha, Khammam District, A.P. 3 2 CD copies Form-NIC-OGS/WA {PRASAD}