The Depot Manager v. C D Reddy

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 13961 OF 2018 ORDER:

This Writ Petition is filed seeking writ of certiorari calling for records relating to the impugned Award dated 17.06.2011 passed in I.D No.47/2009 on the file of the Chairman, Labour Court-III, Hyderabad published on 12.08.2011 in G.O.Rt.No.1188 and to quash the same. Heard Sri A.Ravi Babu, learned Standing Counsel for the petitioner.

Admittedly, the impugned Award is passed on 17.06.2011 and now the present Writ Petition is filed in the year 2018 i.e., after lapse of seven years. There is no plausible reason forthcoming in the affidavit filed in support of the Writ Petition for the delay except stating that due to bifurcation of State of Andhra Pradesh delay occurred. It is pertinent to note that the united State of Andhra Pradesh was bifurcated on 02.06.2014. More so, the punishment of deferring the increments for about 18 months with cumulative effect was modified by the Labour Court into 'without cumulative effect'.

A perusal of the impugned Award in I.D.No.47 of 2009 dated 17.06.2011 goes to show that there is no infirmity or illegality committed by Labour Court in modifying the

punishment awarded to the respondent. No infirmity in the impugned Award is brought to the notice of this Court. This Court will not re-appreciate the evidence and also interfere with the discretion exercised by the Labour Court by exercising power of judicial review under Article 226 of the Constitution of India.

In view of above facts and circumstances, this Writ Petition is liable to be dismissed not only on the ground of laches but also on merits, accordingly the same is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand dismissed.

_________________________ A.RAJASHEKER REDDY,J 20-04-2018 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 13961 OF 2018 Date: 20.04.2018 kvs