IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 3 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 07/11/2008 in WP NO : 5641 OF 2006 on the file of the High Court.) Between: The Depot Manager, APSRTC, Warangal-I Depot, Warangal. ..... APPELLANT AND 1 Y.Devadass (died) per LRs, R/o.Nandanam, Wardhannapet Mandal, Warangal District. 2 Smt.Y.Amruthamma, W/o.Late Devadass, R/o.Nandanam, Wardhannapet Mandal, Warangal District. 3 Y.Sanjeeva, S/o.Late Devadass, R/o.Nandanam, Wardhannapet Mandal, Warangal District. 4 The Presiding Officer, Industrial Tribunal-Cum-Labour Court, Visakhapatnam. .....RESPONDENTS Counsel for the Appellant: SMT.P.RAJANI REDDY Counsel for the Respondents: SRI P.SRIDHAR RAO The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :3 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by order, dated 7.11.2008 in WVMP No.1130 of 2008 & WPMP No.7175 of 2006 in W.P.No.5641 of 2006. The appellant herein filed the above writ petition challenging the order dated 7.11.2005 in M.P No.54 of 2002 on the file of the 4th respondent directing him to pay an amount of Rs.3,67,447/- to respondents 2 and 3 within two months from the date of the order, failing which, it carries interest at the rate of 6% p.a., till the date of payment. Along with the writ petition, the appellant filed WPMP No.7175 of 2006 seeking suspension of the order impugned in the writ petition. The learned single Judge granted interim suspension as sought for. Having aggrieved by the same, respondents 2 and 3 in the writ petition filed WVMP. The learned single Judge made the following order: “In the facts and circumstances of the case, the interim suspension passed on 23.3.2006 is made absolute subject to the condition the writ petitioner deposits an amount of Rs.1,00,000/- (Rupees one lakh only) within a period of four weeks from today. In default, the interim suspension granted on 23.3.2006 and made absolute today shall stand vacated automatically, without further reference to the Court. On such deposit, the legal heirs of the deceased workman are entitled to withdraw the same without furnishing any security.” Having aggrieved by the same, the writ petitioner-appellant filed the present appeal. It is the contention of the learned Counsel for the appellant that the amount is deposited and the same is withdrawn as ordered by the learned single Judge. But, in case the appellant succeeds in the writ petition, it would be much difficult to recover the amount from the respondents and therefore, the order impugned is liable to be set aside. In view of the above submissions and in the facts of the circumstances of the case, without expressing any opinion on the merits of the case, We feel that the order of the learned single Judge is justified while stipulating the conditions. But, however, it is just and proper to modify the order of the learned single Judge to the effect that any withdrawal made by the respondents shall be subject to the result of the writ petition. Subject to the above modification, the writ appeal is disposed of. At this stage, it is brought to the notice of this Court that the time granted by the learned single Judge for deposit of the sum, has expired. Hence, time granted by the learned single Judge in the WVMP is extended for a period of six weeks from today. _________________________ Justice T. Meena Kumari ____________________________ Justice C.V. Nagarjuna Reddy Date: 13th February, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 3 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 13th February, 2009