IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 2449 of 2000 Between: Bhima Shankara Subba Rao akella, S/o A.M.Sharma, R/o 1-13-3, Sriramnagar, Kakinada, East Godavari District. ..... PETITIONER AND 1 Government of A.P., Rep. by its Principal Secretary, Industrial and Commerce Department, Secretariat, Hyderabad. 2 M/s Rolls Royce Industrial Power India Ltd., Rep. by its Project Director, Office: P-20/A, Road NO.2, Jubilee Hills, Hyderabad-34. 3 The Project Manager, Rolls Royce Industrial Power India Ltd., P.B.No.66, Beach Road, Uppada, Kakinada. 4 The Managing Director Spectrum Power Generation Ltd., 8-2-269/3/8/2 & 3, Arora Colony, Banjara Hills, Hyderabad-34 5 The Deputy General Manager, National Thermal Power Corporation, II & V Floors, M.C.H. Complex, R.P.Road, Secunderabad-500 003. 6 The Board of Directors, Rep. by its Chairman and Managing Director, M/s Rolls Royce Industrial Power India Ltd., NE1 House, Regent Centre, New Castle Upon Tyne, England NE 3, 3 SB, Regd. 472705. .....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 a writ or order or orders or a direction more particularly in the nature of Writ of Mandamus declaring Section 2-S(iV) of the Industrial Disputes Act, 1947 as non--est in the eyes of law since many persons are drawing the salary of more than Rs.1600/- which resulted the petitioner to invoke the jurisdiction of the Industrial Tribunal and also section 73 (1) (a) of the A.P. Shops and Establishment Act, 1988 fixing the salary of persons of Rs. 1600/- is highly objectionable, contrary to law much less not suitable to the present circumstances and thereby directing the respondents to allow the petitioner to discharge his duties as a Civil Engineer as long as the juniors the 2nd and 3rd Respondents and consequently with all consequential and monetary and service benefits besides permanent absorption in the interest of justice. Counsel for the Petitioner:MRNAKARIKANTI.PRABHAKAR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.2449 of 2000 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) When the matter was taken up for hearing on 15-07-2009, none appeared for the petitioner and as such, the matter was directed to be posted under the caption “for dismissal”. Today also, when the matter is taken up for hearing, neither the learned counsel for the petitioner is present nor is there any representation on his behalf. Accordingly, the writ petition is dismissed for default. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date : 16-07-2009 Prv