THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.6417 of 1999 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not recovering the amounts as ordered in A.P.S.E.No.2 of 1993 in accordance with Section 48(5) of A.P. Shops and Establishments Act, as arbitrary and illegal and consequently direct the first respondent to recover the amounts from second respondent and pay the same to the petitioner. It is the case of the petitioner that she was appointed as Sweeper in second respondent society and her services were terminated on 5.2.1998 illegally, therefore, she filed application before the first respondent-Authority under Section 48 of A.P. Shops and Establishments Act (for short ‘the Act’), which was numbered as A.P.S.E.No.2 of 1993. After an elaborate enquiry, the first respondent by order dated 31.3.1994 directed the second respondent- management to reinstate the petitioner into service with backwages for the period she was out of employment and with continuity of service and attendant benefits. Aggrieved thereby, second respondent filed a petition to set aside the said order dated 31.3.1994. The first respondent vide order dated 16.6.1994 rejected the said petition. According to the petitioner, in view of rejection of petition filed by management to set aside the order dated 31.3.1994, the order dated 31.3.1994 had attained finality, therefore, she made an application before the first respondent-Authority under Section 48(5) of Act for recovering the amounts from 5.2.1993 to 19.6.1995 i.e. from the date of filing application. In spite of making application before the first respondent-Authority as early as in the year 1995, the Authority neither taken any steps for recovering the amounts from second respondent nor any orders have been passed on her application. The facts are not in dispute. Once the order made in A.P.S.E.No.2 of 1993 dated 31.3.1994 attained finality and application is filed under Section 48(5) of the Act, it is the bounden duty of the first respondent to get the same executed as per law. In view of the above, the first respondent is directed to consider the application purported to have been filed by the petitioner under Section 48(5) of the A.P. Shops and Establishments Act for recovering the amounts under the order made in A.P.S.E.No.2 of 1993 dated 31.3.1994 and pass appropriate orders, as per law, within a period of four weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. The writ petition is accordingly disposed of. No order as to costs. ____________ C.V.RAMULU, J Date: 13.2.2008 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.6417 of 1999 13.2.2008 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.6417 of 1999 Date: 13th February, 2008 Between: Smt.S.Adilakshmamma .. Petitioner And The Authority under Section 48 of A.P. Shops and Establishments Act and Assistant Commissioner of Labour, Tirupati & another. .. Respondents