IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.26000, 26001 AND 26002 OF 2010 DATED:2.11.2010 Between: Sri Kanaka Durga Metal Works A Partnership Firm Rep. by its Managing Partner D. Mallaiah, S/o. D. Venkateswarlu R/o. Vijayawada Town Krishna District … Petitioner And The Competent Authority and Deputy Commissioner of Labour Krishna District, Vijayawada and others … Respondents … Respondents THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NOs.26000, 26001 AND 26002 OF 2010 COMMON ORDER: These three Writ Petitions can be dealt with together and they can be disposed of by a common order as they arise out of an order passed on 06-8-2010 by the Competent Authority and Deputy Commissioner of Labour, Krishna District, Vijayawada, whereby he has determined that the writ petitioners herein are liable to pay the claim amount together with compensation at five times the claim amount. A Memo has been filed into the Court today by the first respondent herein that saves us the trouble for referring in great detail the facts prevailing in the cases. One of the contentions advanced in the Writ Petitions is that the petitioners herein have not been provided with a fair and reasonable opportunity to putforth their defence inasmuch as the show cause notice dated 20-3-2010 was in fact served on the petitioners herein along with the order passed on 06-8-2010. This is impermissible under law. When once a show cause notice has been drawn on 20-3- 2010, steps should have been taken by the first respondent to somehow ensure that the same is served on the petitioners herein and wait for their response and thereafter considered the objections raised by them before passing a final order. Contrary thereto, along with the adjudication order dated 06-8-2010 the show cause notice dated 20-3-2010 has been served on the petitioners. The first respondent is fair enough in setting out in first paragraph of the Memo filed into the Court today that the said show cause notice dated 20-3- 2010 was in fact served along with the order in Minimum Wages Case No.14 of 2010. In view of the undisputed averment that the petitioners did not have an opportunity to defend themselves properly before the adjudicating authority, namely, the first respondent, it is appropriate that the final order dated 06-8-2010 passed by the first respondent is set aside. The petitioners herein are entitled to file their detailed objections within thirty days from today, at any rate before 07.12.2010, before the first respondent and after receipt of the said objections, the first respondent may fix an appropriate date for hearing and intimate the same to all the parties concerned. The petitioners herein, at the time of filing the objections, or even subsequently, must necessarily ascertain from the first respondent the date of hearing without formally waiting for receipt of the communications in that regard in writing so as to enable the hearing to be completed in quick time. It is needless to observe that the first respondent will take into account and consideration all such objections raised not only by the petitioners, by others as well, and take appropriate final decision in the matter. The Writ Petitions are allowed only on the short ground leaving the rest of the contentions open to the petitioners to agitate the same before the first respondent. No costs. _________________________ NOOTY RAMAMOHANA RAO, J 02.11.2010 bnr