IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.106 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 26/09/2008 in WP NO : 2099 OF 1998 on the file of the High Court.) Between: Mecca Madina Alladin Wakf Rep. by its Managing Trustee Mr. Habeeb Alladin, S.D.Road, Secunderabad. ..... APPELLANT AND 1 The Second Appellate Authority U/s.48 (3) of A.P. Shops & Establishments Act 1988, and Dy. Commissioner of Labour (Twin Cities), T. Anjaiah Bhavan RTC X Roads, Hyderabad. 2 The Appellate Authority U/s 48 (1) of Shops & Establishments Act 1998 & Asst. Commissioner of Labour, Circle –IV, Anjaiah Bhavan, RTC X Roads, Hyderabad. 3 Hamid Ali (died as per LRs Respondents 4-7) 4 Smt. Kaneeza Hameed Ali W/o. Late Hameed Ali R/o. 22-7-269/111, 4th Floor, Salarjung Complex, Madina, Hyderabad. 5 Hatim Ali S/o. Late Hameed Ali R/o. 22-7-269/111, 4th Floor, Salarjung Complex, Madina, Hyderabad. 6 Shabbir Ali S/o. Late Hameed Ali R/o. 22-7-269/111, 4th Floor, Salarjung Complex, Madina, Hyderabad. 7 Huzefa Ali S/o. Late Hameed Ali R/o. 22-7-269/111, 4th Floor, Salarjung Complex, Madina, Hyderabad. .....RESPONDENT(S) Counsel for the Appellant : MR.V.HARI HARAN Counsel for the Respondent No.1 & 2 : GP FOR LABOUR The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.106 of 2009 ORAL JUDGMENT : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the appellant as well as the learned Government Pleader for Labour appearing for respondent Nos.1 and 2, and Sri G. Ramachandra Rao, learned counsel appearing for respondent Nos.3 to 7. 2. This Writ Appeal is directed against the order, dated 26-09-2008, passed by a learned single Judge of this Court in W.P.M.P.No.25254 of 2008 in W.P.No.2099 of 1998, dismissing the petition filed by the appellant seeking to set aside the order, dated 11-10- 2007, in W.P.No.2099 of 1998. 3. Having regard to the facts and circumstances stated in the grounds of appeal, we deem it appropriate to set aside the order, date\d 26-09-2008, passed by a learned Single Judge of this Court in W.P.M.P.No.25254 of 2008 in W.P.No.2099 of 1998, and the same is accordingly set aside and the writ petition is restored to file. 4. In the result, the writ appeal is allowed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 17-02-2009. Msr. THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.106 of 2009 17-02-2009 (Msr)