G V SIVAIAH v. THE A P STATE HANDLOOM WEAVERS CO.OP
WP/21472/2002 · 2025-08-20
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16929 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16929 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010226752002
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21472/2002 Between:
1. G V SIVAIAH, S/O.VENKATA RATNAM INSPECTION OFFICER (RETD) A.P.STATE HANDLOOM WEAVERS CO.OPERATIVE SOCIETY LTD., R/O. KAKINADA, E.G.DISTRICT. ...PETITIONER AND
1. THE A P STATE HANDLOOM WEAVERS CO OP, Rep by its Vice Chairman & Managing Director Weavers Bhavan, 3-5-770, Narayanaguda,
...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus (a) Declaring the action of the respondent in seeking to withhold the entire Gratuity amount to a tune of Rs.55,092.45 together with encashment of Surrender leave amount of Rs.11,276.25 and a sum of R.1250 as cash security deposit as arbitrary, illegal, improper and unsustainable and, (b) Also declare the action of the respondent in seeking to charge interest at the rate 21% on the alleged amount mentioned in the proceedings dt.22.4.2002 as also arbitrary illegal improper and unjust and consequently, (c) direct the respondent to withhold a sum of Rs.13,118.00 towards dues which comes to Rs.22,002and refund the balance amount of Gratuity to a tune of Rs.33,090.16 Ps Encashment of Earned Leave amount of R.11,276.25 and cash security deposit of Rs.1250 to the petitioner herein together with interest
2
admissible as per rules from the date it is due till the amounts are actually paid to the petitioner and to pass. IA NO: 1 OF 2002(WPMP 26782 OF 2002 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to release the gratuity amount, Encashment of Surrender Leave and Security deposit amount duly adjusting the amount due from the petitioner to a tune of .22,002.21 PS and to pass. Counsel for the Petitioner:
1. K S V SUBBA RAO Counsel for the Respondent:
1. B JAYA PRABHAKARA RAO (SC for APCO) The Court made the following: ORDER:
On 07.07.2025 and 31.07.2025, there was no representation for the petitioner and the matter was posted under the caption ‘for dismissal’. 2.
Sri K.S.V.Subba Rao, learned counsel for the petitioner submitted that the petitioner has not been in contact with him for a long time and sought time to get instructions. 3. Since the matter pertains to the year 2002 and the petitioner has not been pursuing the case through his advocate, it shows that the petitioner has no interest in prosecuting the matter. Hence, the Writ Petition is dismissed for non-prosecution. However, if the petitioner feels that the cause still survives, he can file appropriate application within a period of two (2) months. There shall be no order as to costs. 3
As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________
JUSTICE RAVI CHEEMALAPATI
Date: 21st August, 2025 RKS