IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No. 27568 of 2005 Between: M/s. Elmot Alternators Pvt. Ltd., Elmot Estate, IDA, Nacharam, Hyderabad-76, rep by Managing Director Sri Akash V.K. Rao S/o C.V.K. Rao R/o Hyderabad ..... PETITIONER AND 1 The labour Officer-II Ranga Reddy Circle-II T. Anjaiah Shramik Bhavan, RTC Cross Roads, Hyderabad 2 Ms. Laly Oommen D/o Late Oommen R/o C-272 Railwaly Quarters, Moulali, Hyderabad 3 Mr. P.P. Deshpande S/o P. B. Deshpande R/o H. No. 4-7-766, Komati Galli, Esamia Bazar, 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 may be pleased to call for the records from the 1st respondent and issue an appropriate writ, order or direction, particularly one in the nature of writ of certiorari and quash the order passed by the 1st Respondent in I.A. No. 1 of 2005 in S.E. No. 4 of 2004 dated 22-10-2005, holding the same as illegal, unjust, contrary to law, and without jurisdiction, and pass such other or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case. Counsel for the Petitioner: MR.A.K.JAYAPRAKASH RAO Counsel for the 1st Respondent: GP FOR LABOUR Counsel for the Respondents 2 & 3: MR. B.G. RAVINDER REDDY The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.27568 OF 2005 ORDER: This writ petition is filed challenging the order, dated 22.10.2005, passed by the 1st respondent- Labour Officer, Circle-II, Ranga Reddy District, in I.A.No.1 of 2005 in S.E.No.4 of 2004. It appears, respondents 2 and 3 herein, who are said to be the employees of the petitioner establishment, have filed an application in S.E.No.4 of 2004, under Section 50 of the A.P. Shops and Establishments Act, before the 1st respondent - Labour Officer, seeking certain monetary benefits payable by the petitioner establishment. In the said application, the petitioner herein filed an interlocutory application, being I.A.No.1 of 2005, stating that it is a factory i.e. manufacturing unit registered under the Factories Act, 1948, and, therefore, the application filed by the respondents 2 and 3, under the provisions of the A.P. Shops and Establishments Act, is not maintainable. Petitioner sought the 1st respondent to decide his jurisdiction for adjudication of the application and also to decide the maintainability of the application as preliminary issues. The 1st respondent, however, dismissed the said interlocutory application holding that the preliminary issues raised by the petitioner would be answered along with the main application S.E.No.4 of 2004. Aggrieved by the same, the present writ petition is filed. While the proceedings in the application filed by the respondents 2 and 3 are summary in nature, I am of the considered opinion that the petitioner cannot take advantage of stalling the proceedings by approaching this Court through a writ petition of this nature. It is not a case where the I.A. filed by the petitioner was dismissed as not maintainable, but the I.A. was dismissed holding that the preliminary issues raised by the petitioner would be answered along with the main application. Under those circumstances, I am of the opinion that the impugned order, dated 22.10.2005, passed by the 1st respondent is purely discretionary in its nature and filing of a writ petition against such an order is nothing but prolonging the litigation. The writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. However, the 1st respondent- Labour Officer is directed to expedite the hearing of S.E.No.4 of 2004 and dispose of the same, addressing the preliminary issues raised by the petitioner along with other issues, within a period of three months from the date of receipt of a copy of this order. _________________ JUSTICE C.V. RAMULU 18th March, 2008. IBL To 1. Two CCs to 2. Two CD Copies