The Depot Manager A.P.S.R.T.C., Vsp Dist. v. Industrial Tribunal Cum Labour Court Visakhapatnam

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24677 OF 2002 ORDER:

1.

This writ petition is filed by the petitioner-management seeking to issue a writ of Certiorari calling for the records relating to and connected with I.D.No.255 of 1999 on the file of the 1st respondent-Labour Court, and to quash the award dated 14.6.2002 passed therein.

2.

Heard and perused the material available on record. 3.

It has been contended by the learned Standing Counsel for the petitioner that the respondent-workman caused fatal accident and he was removed from service for the proven misconduct in the enquiry. Further, it has been contended by the learned Standing Counsel that the Labour Court erroneously passed the award impugned in favour of the respondent-workman and therefore, the award passed by the Labour Court is liable to be set aside.

4.

The learned Counsel for the respondent-workman contended that the Labour Court has rightly passed orders in favour of the workman, and as long as no illegality has been pointed out, the Courts will not normally interfere with the award passed by the Labour Court.

5.

This Court having considered the submissions made by the parties is of the view that the Labour Court has rightly passed award in favour of the respondent-workman. No illegality or irregularity has been pointed out by the petitioner in the award impugned. There are no merits in this writ petition. 6.

Accordingly, the Writ Petition is dismissed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated:26th October, 2018.

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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24677 OF 2002 (dismissed) 26/10/2018 Nn.