THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.10192 OF 2005 Dated 24th January, 2008 Between: M/s Sol Pharmaceuticals Limited …Petitioner And Labour Court-II and two others …Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.10192 OF 2005 O R D E R: At the stage of vacate stay petition, with the consent of learned counsel for the parties, the main writ petition itself is disposed of. This writ petition is filed questioning the order dated 01-04-2003 passed in M.P.No.55 of 2002 by the first respondent-Labour Court-II, Hyderabad. The second respondent was an employee of the petitioner- company. He opted for voluntary retirement from the petitioner- company claiming an amount of Rs.2,75,652/- on account of compensation under Voluntary Retirement Scheme and further monetary benefits. When the said amount was not paid by the petitioner, the second respondent has filed an application in M.P.No.55 of 2002, under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short “the Act”), before the first respondent claiming an amount of Rs.5,35,910.72 ps. The first respondent allowed the said application by the impugned order. In the said proceedings, the petitioner was set ex parte. On a perusal of the impugned order, it is clear that no reasons have been given by the first respondent for allowing the claim of the second respondent. Even if the petitioner is set ex parte, it is not open for the first respondent to record a finding that the claim of the second respondent is proved, without even recording any statement and referring to any evidence. Further it is also brought to the notice of this Court that the petitioner-Company has become sick and the matter is pending before the Board for Industrial and Financial Reconstruction, under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. Since no reasons have been recorded by the first respondent while passing the order dated 01-04-2003, it is a fit case to set aside the said order and remit the matter to the first respondent for fresh consideration. Accordingly the order dated 01-04-2003 in M.P.No.55 of 2002 is set aside and the first respondent-Labour Court-II, Hyderabad, is directed to consider the application of the second respondent, filed under Section 33-C (2) of the Act, afresh. It is open to the petitioner to file appropriate counter before the first respondent. He shall file the counter, without waiting for any further notice from the first respondent, within a period of four weeks from today. On filing such counter, the first respondent shall proceed with the enquiry and pass appropriate orders. The writ petition is accordingly disposed of. No order as to costs. ____________________ R.SUBHASH REDDY,J Dated 24th January, 2008 vrn