✦ Andhra Pradesh High Court · 28 Sep 2005

M.Prabhakar v. Ltd., a Govt. of India Enterprise having its

Writ Appeal No. 1777 of 2005B PRAKASH RAO, G YETHIRAJULU

Case at a glance

Outcome

Disposed of

Accordingly, the writ appeal is disposed of

Provisions considered

Judgment

Srinivasa nagar, Secunderabad And 1 Karnataka Antibiotics & Pharmaceuticals Ltd., a Govt. of India Enterprise having its Registered & Corporate Office at 80 feet road, 1st block, Rajajinagar, Bangalore, rep. By its Regional Sales Manager Mr.P.Seshagiri Rao And 3 others. ….Appellant ….Respondents JUDGMENT (Per Sri B.Prakash Rao, J) Heard both sides and at their request, the main appeal itself is taken up for disposal. The appellant herein seeks to assail the order passed by the learned single Judge on 09-09-2005, whereby review application filed by the respondent was sought to be dragged on in the writ petition and the writ petition was taken up at the earliest by fixing the date of hearing. The main grievance of the appellant is that as long as writ petition proceedings are pending, question of denying the benefit under Section 17-B of the Industrial Disputes Act, 1947, does not arise especially in view of the facts and circumstances and therefore, necessarily that aspect has to be gone into in the review. However, the learned counsel for the respondents opposes the very entitlement of the claim under Section 17-B of the I.D. Act by citing various authorities. Having heard the learned counsel on either side and on perusal of the record and especially in view of the question involved and various citations submitted by both sides, it is felt desirable that the review application be disposed of on merits independently to dehors the main writ petition itself rather than taking all the applications along with the writ petition. Further, it also necessitates in view of the fact that the respondent has filed contempt application in C.C.No.798 of

Operative part

2005. In those circumstances, it is felt desirable that the said review application and also C.C.No.798 of 2005 shall be disposed of together. Accordingly, the writ appeal is disposed of. Office is directed to post the aforesaid matters before the learned single Judge. No costs. -------------------------------- B.PRAKASH RAO, J ------------------------- G.YETHIRAJULU, J Dated: 28-09-2005 Hsd

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the writ appeal is disposed of

Which statutory provisions did this judgment involve?

Industrial Disputes Act, 1947.

Which court decided this case, and when?

Andhra Pradesh High Court, on 28 Sep 2005. The bench was B PRAKASH RAO, G YETHIRAJULU.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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