IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 21043 of 1999 Between: The A.P. State Handloom Weavers Co-op Society Ltd. Rep by its Vice Chairman & Managing Director, R/o. 4-5-770, Narayanaguda, Hyderabad. ..... PETITIONER AND 1 The Asst. Commissioner of Labour, Hyderabad-III and Authority, U/S. 48(1) of A.P. Shops & Establishments Act, 1988, T.Anjaiah Karmika Samkshema Bhavan, RTC X Road, Hyderabad-20. 2 V.Rajeshwari D/o. V.V.Ramaiah, R/o. 16.2.139, Akbar Bagh, 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 issue an appropriate Writ, direction or order, more especially a Writ in the nature of CERTIORARI, calling for the records in case No. SE 136/92 before the respondent No.1 and Quash the order dt.16.12.1994 as illegal, without jurisdiction and mainfests an error apparent on the face of record and pass such other orders. Counsel for the Petitioner:MR.M.PANDURANGA RAO Counsel for the Respondent No.1: GP FOR LABOUR Counsel for the Respondent No.2: The Court made the following : THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 21043 of 1999 Order: This Writ Petition is filed by the A.P. State Handloom Weavers Co-op Society Ltd., aggrieved by the order dated 16.12.1994 in Case No. SE 136/92 passed by the Assistant Commissioner of Labour, Hyderabad–III and Authority under Section 48(1) of the A.P. Shops & Establishments Act, 1988. The said order was passed upon an appeal filed by Smt. Rajeswari, who is the 2nd Respondent in this Writ Petition. When the matter was taken up for hearing, it was noticed that the Writ Petition was dismissed for default as against the 2nd Respondent by order of this Court dated 22.4.2003. In the absence of the 2nd Respondent and keeping in mind the fact that the order under challenge in the Writ Petition has become final in so far as the 2nd Respondent is concerned, this Writ Petition cannot be adjudicated on merits. Sri Ch. Jagannadha Rao, learned counsel appearing for the Petitioner fairly concedes this legal aspect. The Writ Petition is accordingly dismissed. There shall be no order as to costs. _________________ SANJAY KUMAR,J DATE: 20.3.2009 pnb