IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 11612 of 2000 Between: M/s. Suryajyoti Spinning Mills Limited Rep. by Executive Director, Sri Arunkumar Agarwal, Regd Office: Surya Towers, 105, Sardar Patel Road, Secunderabad - 500 003. ..... PETITIONER AND 1 The Union of India, Rep. by Secretary, Incharge Labour, Shramashakti Bhawan, New Delhi. 2 The State of Andhra Pradesh, Rep. by Secretary, Incharge Labour, Secretariat, Hyderabad 3 The Director of Factories, Government of Andhra Pradesh, Ashoknagar, Hyderabad .....RESPONDENTS 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 to declare that the Sec.66 1(b) of the Factories Act. 1948 (Act.LX III of 1948, Central Act) as ultravires, arbitrary, discriminatory and unconstitutional and there by to quash and set aside the same by issuing a Writ of Mandamus or any other appropriate writ or order or direction as the Hon'ble Court may deems ﬁt and proper in the circumstances of the case and to allow the Writ Petition with costs Counsel for the Petitioner:MR.P.NAGESWAR SREE Counsel for the Respondent No.: MS.P.SARADA The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON'BLE SRI JUSTICE P.V. SANJAY KUMAR Writ Petition No. 11612 of 2000 Oral Order: (per Hon’ble Sri Justice P.V. Sanjay Kumar) The present writ petition is ﬁled seeking a declaration that Section 66(1)(b) of the Factories Act, 1948, is ultra vires, arbitrary, discriminatory and unconstitutional. It is brought to our notice by the learned counsel for the petitioner that a Division Bench of this Court had occasion to consider the issue involved in this writ petition in K.S. Triveni and others v. Union of India and others[1], and the learned Division Bench struck down Section 66(1)(b) of the Factories Act, 1948 as unconstitutional. In the light of the said judgment, nothing survives for adjudication in the present writ petition, and the same is, accordingly, dismissed as infructuous. The interim order granted by this Court on 09.08.2000 stands dissolved. No costs. ____________________ GODA RAGHURAM, J. ______________________ P.V. SANJAY KUMAR, J. Date: 06.09.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Incharge Labour, Union of India, Shramashakti Bhawan, New Delhi. 2 The Secretary, Incharge Labour, State of Andhra Pradesh, Secretariat, Hyderabad 3 The Director of Factories, Government of Andhra Pradesh, Ashoknagar, Hyderabad 4.2CCs to 5.2CD copies Form-NIC-OGS/WP{PRASAD} [1] 2002 Suppl. (1) ALD 669 (DB)