A.P. State Road Transport Corporation v. Mohd Afzal

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24643 OF 2002 ORDER :

This Writ Petition is filed seeking a writ of certiorari to call for the records related to and connected with the orders passed in EP 3 of 1998 in ID No.106 of 1994 dated 16.6.1995 passed by the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad, and to quash or set aside the same as arbitrary and illegal.

2.

Heard Sri N.Vasudeva Reddy, the learned counsel for the petitioners and the Government Pleader for Labour Department. 3.

It has been contended by the petitioners that the Labour Court has erroneously passed orders in EP 3 of 1998 in I.D.No.106 of 1994 and directed the petitioners to make payment of Rs.1,76,730-56 ps., towards wages/bonus to the 1st respondent.

4.

The learned Standing Counsel for the petitioners contends that the Labour Court without appreciating any contentions raised by the petitioners mechanically allowed the EP and the same is liable to be set aside. 5.

The learned Government Pleader for the respondents contends that the Labour Court has rightly passed orders in EP No.3 of 1998 in I.D.No.106 of 1994 and contends that the respondents have not challenged the orders passed in I.D.No.106 of 1994 which have become final. The orders passed by the Labour Court in EP are only the consequential orders for implementation of orders in I.D.No.106 of 1994. Therefore, until and unless the orders passed in I.D.No.106 of 1994 are challenged, the consequential proceedings passed

in EP No.3 of 1998 cannot be challenged and there are no merits in this Writ Petition and the same is liable to be dismissed. 6.

This Court, having considered the rival submissions of the parties, is of the considered view that since the orders passed in I.D.No.106 of 1994 had attained finality and the orders in EP are only consequential orders, the petitioners are bound to comply with the orders passed in I.D.No.106 of 1994. As no irregularity or illegality has been pointed out in the orders, this Court is not inclined to interfere with the orders of the Labour Court. There are no merits in the writ petition and the Writ Petition is accordingly dismissed.

7.

Miscellaneous Petitions pending, if any, shall stand closed. _____________________________ ABHINAND KUMAR SHAVILI, J 14th December, 2018 gs