IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION Nos : 13162 and 13610 of 2006 W.P. No. 13162 of 2006 Between: The Nizam Club, Rep. by its Hon. Secretary, Saifabad, Hyderabad. ..... PETITIONER AND 1 The Labour Court-I, Rep. by its Presiding Officer, II Floor, Chandravihar Buildings, M.J. Road, 2 P. Samuel, Employees of Nizam Club, Saifabad, Hyderabad. 3 Syed Arif Employees of Nizam Club, Saifabad, Hyderabad. 4 P. Balaswamy Employees of Nizam Club, Saifabad, Hyderabad. 5 Md. Nasir Ali, Employees of Nizam Club, Saifabad, Hyderabad. 6 Mohd. Afzal, Employees of Nizam Club, Saifabad, Hyderabad. 7 Smt. Urmeela Employees of Nizam Club, Saifabad, Hyderabad. 8 Smt. B. Vijayalakshmi Employees of Nizam Club, Saifabad, Hyderabad. 9 Md. Rasheed Employees of Nizam Club, Saifabad, Hyderabad. 10 Syed Yakoob Employees of Nizam Club, Saifabad, Hyderabad. 11 Mohd. Farooq Employees of Nizam Club, Saifabad, Hyderabad. 12 P. Devadas Employees of Nizam Club, Saifabad, Hyderabad. 13 Khasim Mian Employees of Nizam Club, Saifabad, Hyderabad. 14 Mohemmed, Employees of Nizam Club, Saifabad, Hyderabad. 15 V. Ramesh Employees of Nizam Club, Saifabad, Hyderabad. 16 Shaik Shakir Employees of Nizam Club, Saifabad, Hyderabad. 17 Mohd. Abdullah Employees of Nizam Club, Saifabad, Hyderabad. 18 Saleem, Employees of Nizam Club, Saifabad, Hyderabad. 19 Mohd. Saleem Employees of Nizam Club, Saifabad, Hyderabad. 20 Shaik Osman, Employees of Nizam Club, Saifabad, Hyderabad. 21 Mohd. Ali Employees of Nizam Club, Saifabad, Hyderabad. 22 Shaik Dawood, Employees of Nizam Club, Saifabad, Hyderabad. 23 A. Anil Kumar Employees of Nizam Club, Saifabad, Hyderabad. 24 P. Thomas Mallesh Employees of Nizam Club, Saifabad, Hyderabad. 25 D. Pochaiah Employees of Nizam Club, Saifabad, Hyderabad. 26 Mohd. Hussain Employees of Nizam Club, Saifabad, Hyderabad. 27 Mohd. Abdul Azeem Employees of Nizam Club, Saifabad, Hyderabad. 28 Mohd. Basha Employees of Nizam Club, Saifabad, Hyderabad. 29 Moinuddin Employees of Nizam Club, Saifabad, Hyderabad. 30 D. Yadaiah Employees of Nizam Club, Saifabad, Hyderabad. 31 A. Sudershan Employees of Nizam Club, Saifabad, Hyderabad. 32 Hyder Ali Employees of Nizam Club, Saifabad, Hyderabad. 33 Mohd. Ismail Employees of Nizam Club, Saifabad, Hyderabad. ....RESPONDENTS 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 pass an order or issue a writ, Particularly one in the nature of writ of CERTIORARI AND QUASH the order dt. 28-4-2006 in MP.Nop. 44/2002 on the ﬁle of the Labour Court-I, Hyderabad after calling for the records. Counsel for the Petitioner: MR.B.G.RAVINDER REDDY Counsel for the Respondent No.1: GP FOR LABOUR Counsel for the respondents Nos. 2 to 33: Sri G. Vidyasagar WRIT PETITION NO : 13610 of 2006 Between: The Nizam Club, Rep by its Hon.Secretary, Saifabad, Hyderabad. ..... PETITIONER AND 1 The Labour Court-I, Rep by its Presiding Officer, II Floor, Chandravihar Buildings, M.J.Road, Hyderabad. 2 Mohd.Yaseen Pash, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 3 Mohd.Chand, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 4 Shaik Kasim Farooq, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 5 A.Govind Reddy, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 6 Fayyaz Pervez, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 7 P.Sai Kumar, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 8 K.Dasrath, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 9 Shaik Mahamood, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 10 G.Ramloo, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 11 P.Narsimha, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 12 G.Yadagiri, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 13 Mohd.IIyas, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 14 P.Raju, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 15 J.Ramesh, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 16 S.Suresh, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 17 T.Jangaiah, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 18 Chandrashekar, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 19 Shaik Jhangir, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 20 B.Yadamma, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 21 Fakruddin, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 22 K.Ravi Kumar, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 23 M.Meena, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 24 B.Rajender, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 25 R.Satyanarayana, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 26 N.Parmesh, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 27 A.Ramchender, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 28 G.Mallesh, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 29 G.Pochamma, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 30 K.Yadamma, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 31 Syed Khalid, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 32 Syed Moin Pasha, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 33 Mohd.Pervez, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. 34 B.Laxmi Bai, The Employee of Nizam Club, Saifabad, Hyderabad. C/o.Nizam Club Staff and Workers Union, House of Labour, King Kothi, Hyderabad-029. .....RESPONDENTS 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 pass an order or issue a Writ particularly one in the nature of Writ of CERTIORARI and quash the order dated 28-4-2006 in M.P.No.53/2, on the ﬁle of the Labour Court-I, Hyderabad, after calling for the records. Counsel for the Petitioner:MR.B.G.RAVINDER REDDY Counsel for the Respondent No.1: GP FOR LABOUR Counsel for the respondent Nos. 2 to 34: Sri G. Vidyasagar The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. Nos. 13162 and 13610 of 2006 COMMON ORDER: Heard both the learned counsel. The issue in both these writ petitions is common and falls in a narrow compass. Hence, both the writ petitions are disposed of by this common order. It appears, the unoﬃcial respondents herein have ﬁled claim petitions under Section 33-C(2) of the Industrial Disputes Act, 1947 claiming bonus for the years 1990-2001. The Labour Court, while deciding the matter, declined to grant the relief of bonus for the years 1990 – 2001. However, it granted relief for the years 2001-02 onwards, which was never the subject matter of claims. However, learned counsel for the unoﬃcial respondents submits that the denial of relief for the years 1990 – 2001 is illegal and the Labour Court has not properly considered the claims. Under these circumstances, I deem it appropriate to set aside the common order dated 28.4.2006 passed by the Labour Court in M.P.Nos. 44 of 2002 and 53 of 2002 respectively, and remand the matter for fresh consideration. Accordingly, the impugned common order dated 28.4.2006 passed in M.P. Nos. 44 of 2002 and 53 of 2002 respectively is set aside and the matter is remitted to the Labour Court, for fresh consideration, after hearing both the parties, within a period of three months from the date of receipt of a copy of this order. The writ petitions are allowed and the matter is remitted to the Labour Court, as above. C.V. RAMULU, J. Date: 24-09-2008. Note: Issue copies of the order, within a week. (BO). MVB.