IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.23055 of 2008 Between: S. Padmanabham S/o. Venkata Lakshmaiah Occ: Ex-Assistant Fitter, Token No.447, R/o. Qtr.No.D-288, SPM Old Colony, Sirpur Kagaznagar 504296, Adilabad District. ..... PETITIONER AND 1 Industrial Tribunal-cum-Labour Court, Godavarikhani, Karimnagar District, rep. by its Presiding Officer. 2 The Sirpur Paper Mills Limited, rep. by its Vice-President (Systems & Control), 5-9-22/1/1, 1st Floor, Opp. New MLA Quarters, Adarshnagar, Hyderabad-500 063. 3 The Sirpur Paper Mills Limited, rep. by its Deputy General Manager (P&A), Sirpur Kagaznagar-504296, Adilabad District. 4 The Sirpur Paper Mills Limited, rep. by its Joint Manager (Legal), Sirpur Kagaznagar-504296, Adilabad District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to call for the records from the Respondent Paper Mills and issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Mandamus, declaring that the action of 4th respondent in forcibly evicting the petitioner from the premises bearing No.D- 288, SPM Old Colony, Sirpur Kagaznagar, Adilabad District on 29-9-2008 is illegal, unjust, contrary to law, arbitrary, contrary to the Judgment in W.P.No.19330 of 2006 and violative of Articles 14, 16 and 21 of the Constitution of India, and grant all consequential benefits. Counsel for the Petitioner: MR.A.K.JAYAPRAKASH RAO Counsel for the Respondents: GP FOR LABOUR The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.23055 OF 2008 ORDER: This writ petition is ﬁled seeking a Mandamus declaring the action of the 4th respondent in forcibly evicting the petitioner from the premises bearing Quarter No.D-288, SPM Old Colony, Sirpur Kagaznagar, Adilabad District, as arbitrary, illegal, contrary to the Judgment in W.P.No.19330 of 2006 and violative of Articles 14, 16 and 21 of the Constitution of India. It appears, the petitioner, who was working as Assistant Fitter in the respondent Company, was dismissed from service by order dated 01.08.2001, after conducting a detailed enquiry into certain allegations leveled against him. Questioning the dismissal, he raised a dispute in I.D.No.109 of 2002, which was re-numbered as I.D.No.137 of 2004, before the Industrial Tribunal-II, Hyderabad, but the Tribunal, by order dated 09.03.2006, dismissed the same on the ground that it has no territorial jurisdiction to try the matter. Aggrieved thereby, the petitioner ﬁled W.P.No.19330 of 2006 before this Court and obtained an interim order directing the respondents not to evict him from the quarter, which is in his occupation, pending further orders. Ultimately, the writ petition was disposed of by a Division Bench of this Court along with another similar writ petition being W.P.No.19331 of 2006, on 30.07.2008, directing the Industrial Tribunal at Hyderabad to transfer the I.D. raised by the petitioner to the Industrial Tribunal-cum-Labour Court at Godavarikhani, for disposal of the same on merits afresh, in accordance with law, after giving opportunity to both parties, preferably within six months from the date of receipt of the order. Thereafter, the Joint Manager (Legal) of the respondent Company issued a legal notice, dated 09.08.2008, to the petitioner calling upon him to vacate the Company’s quarter, which is in his occupation, and deliver vacant possession of the same to the management. The grievance of the petitioner is that, pursuant to the said notice, he submitted representations and requested the management not to evict him from the quarter till disposal of the I.D. by the Industrial Tribunal, Godavarikhani, but, without considering the same, the respondents forcibly evicted him from the said quarter. Heard the learned counsel for the petitioner and perused the material made available on record. I am of the opinion that there is no illegality on the part of the respondents in evicting the petitioner from the quarter allotted to him by the Company. Though he was dismissed from service way back in the year 2001, he was allowed to continue in the Company’s quarter till 2006, and thereafter he approached this Court and obtained interim directions to the respondents not to evict him from the said quarter pending further orders. However, this Court, while disposing of the writ petition ﬁled by him, has not issued any speciﬁc directions to the respondents to allow him to reside in the Company’s quarter till the disposal of the I.D. raised by him. Therefore, the respondents have called upon him to vacate the quarter. In fact, the petitioner has no right whatsoever to reside in the Company’s quarter after his dismissal from service, but however, he overstayed there for more than seven years without any valid entitlement. Thus, the action of the respondents cannot be said to be either arbitrary or illegal, and no interference is warranted by this Court under Article 226 of the Constitution of India. The writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. _________​__________ JUSTICE C.V. RAMULU 22nd October, 2008. IBL