IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 10278 of 2008 Between: K.Mallaiah S/o.Odelu Ghani Karmika Sangham, (Regd.E-1714), Qtr.No.T2/57, Godavarikhani, Karimnagar District ..... PETITIONER AND 1 The Dy.Commissioner of Labour, Warangal 2 The Singareni Collieries Company Ltd., Kothagudem Khammam District, rep.by its Chairman & Managing Director 3 SriP.T.Swamy S/o.Adn age not known R/o.H.No.21-2-66, Markandeya colony Godavarikhani, Karimnagar 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 will be pleased to issue a writ or order or direction especially one in the nature of writ of mandamus: i. declare the Letter No.B1/3484/2007 dated 22.4.2008 issued by the 1st respondent as illegal, arbitrary, and set aside the same. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondents: GP FOR LABOUR The Court made the following : ORDER: The petitioner is the General Secretary of the Telangana Boggu Ghani Karimka Sangham. As per Rule 20 of the Bye-laws of their Union, the General Secretary is empowered to do all the correspondence. However, the third respondent, who is the President of their Union, made a representation, dated 27.11.2007 to the second respondent to issue necessary instructions to all the concerned oﬃcials to conduct correspondence with him and based on that, the second respondent issued proceedings, dated 11.01.2008, directing all the oﬃcers of the company to make oﬃcial correspondence only with the President. Aggrieved thereby, the petitioner submitted a representation, dated 16.01.2008, to the second respondent. Consequently, in a General Body meeting held on 12.02.2008, Rule 20 of the Bye-laws was amended, empowering the petitioner to do correspondence with the officials, and registered by the ﬁrst respondent – Deputy Commissioner of Labour, Warangal, vide his letter, dated 28.02.2008. Thereafter, the petitioner submitted another representation, dated 01.03.2008, to the second respondent seeking revocation of proceedings, dated 11.01.2008, and accordingly, the second respondent issued proceedings, dated 27.03.2008, directing all the oﬃcers to make all correspondence in future with the General Secretary. While so, a letter dated 11.04.2008 was issued by the ﬁrst respondent stating that the proposals submitted by the petitioner are not clear and also requested to submit the supporting evidence, failing which, the amendment to Rule 20 of the Bye-laws will be withdrawn. Pursuant thereto, the petitioner submitted a representation dated 16.04.2008 requesting the ﬁrst respondent to grant 15 days time to enable him to produce all the required information. The grievance of the petitioner is that without granting any time or opportunity, the ﬁrst respondent issued the impugned letter, dated 22.04.2008, withdrawing the amendments made to Rule 20 of the Bye-laws vide letter, dated 28.02.2008. Aggrieved by the said letter, the petitioner filed the present Writ Petition. Heard learned counsel for the petitioner, learned Government Pleader for Labour appearing for the ﬁrst respondent, learned Standing Counsel appearing for the second respondent and learned counsel for the third respondent. While admitting the Writ Petition on 02.05.2008, this Court granted interim suspension of the impugned proceedings. Now, the second respondent ﬁled W.V.M.P.No.1954 of 2008 to vacate the interim order dated 02.05.2008. At this stage, learned counsel on record agreed to dispose of the Writ Petition finally. A perusal of the impugned letter discloses that the ﬁrst respondent neither rejected the request of the petitioner for grant of 15 days time to submit necessary information, nor given an opportunity, before passing the impugned order. The impugned proceedings were issued without considering the material, which the petitioner was ready to furnish. The learned Government Pleader for Labour having admitted to receive, submitted that the matter has to be considered afresh. Hence, the Writ Petition is allowed and the letter, dated 22.04.2008, issued by the ﬁrst respondent is set aside and the ﬁrst respondent – Deputy Commissioner of Labour is directed to reconsider the entire issue, afresh, after taking into consideration the material sought to be produced by the petitioner and pass appropriate orders thereon in accordance with law. The petitioner is directed to submit necessary material in support of his case before the ﬁrst respondent within a period of one week from the date of receipt of a copy of this order. No costs. _____________ N.V.RAMANA, J. Dated:12.09.2008 GJ