IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.9812 OF 2008 DATED:06.09.2010 Between: M/s. Sri Sai Ram Theatre, Khammam The Management Rep. by its Partner B. Sunil Kumar, S/o. Sampath Kumar, R/o.11-27-36, 1st Bank Colony, Warangal … Petitioner And The Second Appellate Authority u/s.48(3) of the A.P. Shops and Esablishments Act, 1988 and the Deputy Commissioner of Labour Warangal and others … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.9812 OF 2008 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the impugned action of the respondents, particularly the action of second respondent in filing Crl.M.P. No.857 of 2008 in S.E. No.17 of 2000 before the I Additional Judicial Magistrate of First Class, Khammam, seeking recovery of alleged compensation payable to third respondent, pending disposal of clarification petition filed on 19.4.2006, and also for the period beyond the date of order in S.E. No.17 of 2000, without any notice or providing an opportunity of being heard; and also the action of first respondent in not taking on file the Second Appeal filed before it in September, 2007, being aggrieved by the order made in S.E. No.17 of 2000 till date and not disposing of the interlocutory application filed along with the same, etc., as illegal and arbitrary. It appears, on termination of the services of third respondent, he filed an appeal in S.E. No.17 of 2000 on the file of the second respondent herein. The second respondent passed an order in the matter directing reinstatement of third respondent – employee and the same reads as under: “However, the management expressed their willingness to take back the applicant into service with continuity of service BUT WITHOUT BACKWAGES BY FOLLOWING DOCTRINE OF ‘NO WORK NO PAY’. Upon hearing from the learned counsels and on going through the materials supplied to me, I am of the opinion that the applicant is orally terminated by the management in a hasty manner. However, I SEE SOME GENUNITY IN THE APPRAOCH OF THE MANAGEMENT in taking back the applicant into service. Therefore, I order reinstatement of workman into service along with continuity of service duly PAYING HIS ELIGIBLE AMOUNTS.” However, aggrieved by the said order, a second appeal has been filed by the petitioner before the first respondent and according to the petitioner the same is pending and no action is taken, and even the stay application is not taken up till date, though the petitioner has deposited the amounts as required under law. Taking advantage of the same, the respondents initiated criminal proceedings before the I Additional Judicial Magistrate of First Class, Khammam, in Crl.M.P.857 of 2008 in S. E. Case No.17 of 2000, seeking to recover an amount of Rs.1,90,692/- from the petitioner herein. Aggrieved by the same, the present writ petition is filed. At the outset, I am of the opinion that the writ petition is not maintainable against execution proceedings, particularly when they are being criminal in nature. The petitioner could have pursued proceedings under criminal law, instead he filed the present writ petition and obtained stay of further proceedings in Crl.M.P. No.857 of 2008 in S.E. No.17 of 2000 on the file of the I Additional Judicial Magistrate of First Class, Khammam. The grievance of the petitioner is that since its appeal and even the stay petition filed along with the appeal are not taken up, the third respondent is taking advantage of the same and are initiating criminal proceedings against the petitioner. Under these circumstances, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the first respondent to dispose of the appeal purported to have been filed by the petitioner being aggrieved by the order in S.E. No.17 of 2000, dated 24.5.2006 within a period of two months from the date of receipt of a copy of this order, if the same is in order and presented as per law. It is made clear that the interim stay granted by this Court on 2.5.2008 stands vacated. The Writ Petition is accordingly disposed of. No costs. _______________________ (C.V. RAMULU, J) 06.09.2009. bnr