IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) 18.02.2010 PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 3517 of 2010 Between: The State of A.P. represented by its Principal Secretary to Government, Labour Employment and Training Department, Secretariat, Hyderabad. ..... PETITIONER AND Smt. R.Yogya Sheela, Assistant Commissioner of Labour, Labour Welfare Officer and one another .....RESPONDENT(S) 1 ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed seeking a direction in the nature of ‘Writ of Certiorari’ to call for the records relating to and connected with the orders dated 17.9.2008 passed in O.A.No. 5302 of 2006 on the file of Andhra Pradesh Administrative Tribunal. The Tribunal after taking into consideration of the submissions made by the counsel appearing for the applicant therein held as under: “It is stated by the learned counsel for the applicant that in view of the orders passed by the Commissioner of Labour vide Proceedings No. A1/2701/2008 dated 4.7.2008, no further orders are necessary in the O.A. Accordingly, the O.A is closed as no further orders are necessary.” Learned counsel appearing for the petitioners herein submits that the respondent-applicant also filed O.A.No. 8076 of 2007 before the Tribunal seeking to set aside the charge memo dated 24.12.2003 issued by the Commissioner of Labour, Hyderabad – second petitioner herein, and the Tribunal admitted the said O.A without passing any interim orders and the said OA is still pending. He also submits that the Tribunal ought to have considered the main issue in O.A.No. 8067/2007 instead of closing the O.A. No. 5302 of 2006 as no further orders are necessary. Heard the learned counsel appearing for both sides. When once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not open for this Court to determine the rights of the parties. Hence, we are not inclined to exercise our certiorari jurisdiction inasmuch a there is no decision rendered by the Tribunal on merits. Accordingly, the Writ Petition is dismissed. However, the Tribunal is directed to dispose of the matter as expeditiously as possible. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 18.2.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 2 CD copies