D. Kutumba Rao, Khammam District. v. The Honble Industrial Tribunal-Cum-Labour Court And Another
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.15961 of 2006 ORDER:
This writ petition is filed seeking the following relief: " To issue writ order or direction more particularly in the nature of Writ of Certiorari and after calling for the records in I.D.No.65 of 2002, dated 25.7.2005 on the file of the Hon'ble 1st respondent in not granting any relief to the petitioner is illegal, arbitrary and unjust consequently set aside the award in I.D.No.65 of 2002 dated 25.7.2005 by grating reinstatement with continuity of service, attendant benefits and back wages to the petitioner and pass such other order or orders as this Hon'ble Court may deems fit and proper under the circumstances of the case.
When the matter is taken up for hearing, learned counsel appearing for the petitioner contended that the petitioner had attained the age of superannuation and challenge in this writ petition is with regard to the Award dated 25.7.2005 passed in I.D.No.65 of 2002 on the file of the Industrial Tribunal-cum-Labour Court at Warangal, wherein the Labour Court had dismissed the industrial dispute preferred by the petitioner. Learned counsel for the petitioner further contended that the 2nd respondent Corporation may be directed to pay the service benefits to the petitioner for the service rendered by him prior to his removal, if not already paid Considering the submissions made by both the parties, this Court is of the opinion that the 2nd respondent Corporation may be
directed to pay the service benefits to the petitioner for the service rendered by him prior to his removal.
Accordingly, the Writ Petition is disposed of directing the 2nd respondent Corporation to pay the service benefits to the petitioner for the service rendered by him prior to his removal within a period of four weeks from the date of receipt of a copy of this order, if not already paid. No costs.
Miscellaneous petitions pending, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 17/ 09/ 2018 lkv