IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.23841 OF 2007 Between: 1 S. Jaya Reddy S/o S. Yella Reddy R/o H. No. 87-1387 Seshadrinagar Nandikotkur Road, Kurnool. 2 P. Kutti Bava S/o Syed Ali H. No. Kalal-L-House, K, Nagar PO., Malkapuram District Kerala. 3 K. Purushotham Babji S/o K. Sanjeevappa R/o H. No. 358514, MCC B. Block, 5th Main 5th Cross Devanagari Karnataka. 4 K. Satyanarayana S/o K. Alluraiah H. No. 27-119, Jpstairs, Rangaraju Street, Kurnoo-518001. 5 W. Bala Sunder Reddy S/o Pedda Venkat Reddy H.No. 45-24-K-57-A3, Premanagar, Kurnool-3 6 K. Ramesh Gupta S/o K. Mallikarjuna R/o H.No. 43-8F-7B, IInd Floor, NR Peta, Kurnool 7 M. Krishnaiah S/oM. Subramanyam R/o H. No. 28/2001 Peta Chittari Street, Kurnool-518001. 8 N.V. Rama Subbaiah S/o N. Krishna Murthy R/o 45-142 D4, Venkataramana Colony, Kurnool-518001. ..... PETITIONERS AND Sai Rayalaseema Paper Mills Ltd., Gondiparla, Kurnool-518004 rep by General Manager. .....RESPONDENT 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 such appropriate Writ, direction or order more particularly one in the nature of Writ of Mandamus directing the respondents not to insist for undertaking of not claiming their backwages or other attendant benefits for the entire period from 1989 and to stand by the directions given by Industrial Tribunal- cum-Labour Court Anantapur and to declare that the insisting of the management on undertaking to be given in Writing by these petitioners before joining duty is illegal arbitrary unjust and contrary to law and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners : MR.S.PRASAD RAO Counsel for the Respondent : MR.Y.RAMA RAO The Court made the following : THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.23841 OF 2007 O R D E R This writ petition is filed seeking a direction to the respondent, Sri Rayalaseema Paper Mills Limited, Kurnool, not to insist upon an undertaking from the petitioners/workmen that they would not claim back wages or other attendantbenefits from 1989 till date and to abide by the directions given by the Industrial Tribunal- cum-Labour Court, Anantapur. The writ petition arises out of the common order dated 05.03.2004 passed by the Industrial Tribunal-cum-Labour Court, Anantapur in M.P.Nos.16 and 17 of 2000, 403 to 417 of 2002 and 8 to 13 of 2003. The grievance of the petitioners herein is that the respondent-Management was insisting upon an undertaking that the workmen would not claim back wages and other attendant benefits, pursuant to the common order dated 05.03.2004 passed in the above M.Ps. It is brought to my notice that this Court had occasion to deal with this common order in W.P.No.17137 of 2005, which arose out of a challenge to the order in M.P.No.417 of 2002, and a learned Judge of this Court allowed the writ petition setting aside the order dated 05.03.2004 to the extent of M.P.No.417 of 2002. Following the order dated 14.07.2009 in W.P.No.17137 of 2005, I have set aside the common order dated 05.03.2004 passed by the Industrial Tribunal-cum-Labour Court, Anantapur, in M.P.Nos.16 and 17 of 2000 and batch in several individual writ petitions challenging the same. In view of the said orders, it is not open to the petitioners herein to seek implementation of the aforesaid common order dated 05.03.2004 and protest against the action of the respondent- Management in not abiding thereby. The writ petition is therefore devoid of merit and is accordingly dismissed. No order as to costs. --------------------------- SANJAY KUMAR,J 13th AUGUST, 2009 PGS