IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 13481 of 2009 Between: Sk. Hafeez Basha, S/o. Khaja Mohiuddin, R/o. 34/279, Opp: Kovur Sugar Factory, Kovur, Nellore. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Industries & Commerce Department, Secretariat Buildings, Saifabad, Hyderabad -22. 2 The Commissioner of Sugar and Cane, Andhra Pradesh, Hyderabad. 3 The Kovur Cooperative Sugar Factory Limited, Kovur, Nellore, Rep. by its Managing Director. .....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 a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not appointing the petitioner in the Engineering section of the respondent Sugar Factory as CNMR as illegal and unconstitutional, and consequently direct the respondent Sugar Factory to appoint the petitioner as CNMR in the Engineering Section with all consequential benefits with effect from 2006. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court at the stage of admission made the following O R D E R: Sri K. S. Murthy, learned counsel for the petitioner, after making submissions at length, prefers to exercise the option of going before the Industrial Tribunal/Labour Court concerned for purposes of establishing that the case of the writ petitioner has been deliberately omitted in the matter of re-engagement in the service of the 3rd respondent sugar factory. Granting liberty to the writ petitioner to avail such a remedy, the Writ Petition is dismissed, but however, without costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 8th July 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{SPJS}