THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1869 OF 2002 JUDGMENT: (Per the Hon’ble Sri Justice Sanjay Kumar) This Writ Appeal, which arises out of the order dated 25.06.2002 in W.P.No.13285 of 2000, was disposed of on 06.12.2004 permitting the appellant to file an appropriate application before the learned Single Judge, as he wanted to withdraw the case. Thereupon, it appears that the appellant filed an application in W.P.M.P. {SR} No.30017 of 2005 in the Writ Petition seeking leave to withdraw the Writ Petition itself with liberty to approach the Industrial Tribunal. The learned Single Judge passed order dated 06.06.2005 holding that no application had been filed for review and that the appellant had submitted before the Division Bench that he only wanted to withdraw the appeal. Though the counsel for the appellant sought the leave of the learned judge to withdraw the Writ Petition, the learned Judge held that as the matter had been adjudicated on merits and no review petition had been filed, the office objection as to the maintainability of the application was valid and correct. Thereupon, the appellant filed W.A.M.P.No.2694 of 2005 in this Writ Appeal seeking its restoration. The said application was ordered on 09.09.2005 and the Writ Appeal was taken back on file. When the appeal was taken up for hearing, Sri M.L.Ali, learned counsel for the appellant, submitted that his client wanted to invoke the remedies available to him under the Industrial Disputes Act, 1947 (“the Act, 1947” for brevity), and approach the Industrial Tribunal/Labour Court concerned to work out the same. Accordingly, permission is granted to the appellant to avail such remedies as are open to him under the Act, 1947, and the order passed in the Writ Petition, which is under challenge in this Writ Appeal, is set aside on this short ground, without going into the merits of the case.. Accordingly, the Writ Appeal is allowed. There shall be no order as to costs. _________________ (B.PRAKASH RAO, J) _________________ (SANJAY KUMAR, J) 4th August 2009 RRB