The Regional Manager v. The Regional Secretary

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.11477 of 2009 ORDER:

The petitioner challenges award dated 09-05-2007 in I.D.No.221 of 2002.

The reference was made under Section 10-1(C) of the Industrial Disputes Act. The Labour Court while answering the reference held as follows:- "In the result, the reference is answered holding that the action of the Regional Manager, APSRTC West Godavari Region, Eluru, in imposing the punishment of deferment of annual increment for a period of one year with cumulative effect on P.Suryarao driver E.57784 Narasapuram Depot is not justified and the same is set aside. The respondent is directed to release all increment benefits except back wages. The reference is answered and award is passed accordingly." The writ petition is dismissed for default against 1st respondent for non-compliance of conditional order dated 12-12-2012.

After lapse of three and half years, it appears that no steps are taken to rectify the defect. Since the writ petition is dismissed against the contesting respondent, the prayer cannot be considered.

Accordingly, the writ petition is dismissed. It is open to the petitioner, if so advised, to file appropriate petitions for restoration as well as setting aside the default order against 1st respondent. No order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition

shall stand closed.

_____________ S. V. BHATT, J Dt: 28-06-2016 Prv THE HON'BLE SRI JUSTICE S.V.BHATT

WRIT PETITION No.11477 of 2009 28-06-2016 Prv