Shri S.P. Gopal vs The Labour Commissioner Karmika Bhavana. Bannerghatta Road, Bengaluru, The Management of M/s. Mysore Chrome Tanning Company and The Management of M/s. Mysore Sales International Ltd.

H.N. Nagamohan Das

In this writ petition, petitioner has prayed for a writ in the nature of certiorari to quash the Order at Annexure-K dated 11.8.2010 passed by the first respondent.

It is seen from the record that for non-implementation of the Award dated 13.08.1984 in reference No.43/1980, the petitioner made an application requesting the first respondent to grant leave to prosecute respondents 2 and 3.

Respondents 2 and 3 on coming to know the order at Annexure-G approached the first respondent with a request to recall the order and to consider their objections. Now, under the impugned order, the first respondent has recalled the order at Annexure-G. Hence this writ petition.

I heard the arguments on both the side and perused entire writ petition papers.

Under the impugned order, the first respondent has not rejected the petition filed by the petitioner and on the other hand the impugned order is silent over the same. All that the first respondent has done in the impugned order is recalling the order at Annexure-G on the ground that the statement of objections filed by the respondents 2 and 3 are not taken into consideration.

In the circumstances, it is necessary for the first respondent to provide opportunity to both parties and to consider the rival claims and to pass appropriate orders in accordance with law.

For the reasons stated above, writ petition is hereby disposed directing the first respondent to pass appropriate orders on the request of the petitioner to prosecute the respondents 2 and 3 in accordance with law and after providing an opportunity to both parties and as expeditiously as possible but not later than three months from the date of receipt of copy of this order.