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High Court for State of TelanganaWP/4225/2017dismissed no costs

M/S Andhra Prabha Publications Ltd., Rep By Its Managing v. State Of Telangana Rep By Its Principle Secretary (Labour

2017-02-10P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4225 of 2017 Dated:10.02.2017 Between:

M/s. Andhra Prabha Publications Limited, Rep., by its Managing Director, Mootha Gowtham, S/o. M. Gopala Krishna, Aged about 45 years, H.No.8-2-293/82/A/75, Road No.9, Jubilee Hills, Hyderabad .. Petitioner AND State of Telangana, rep., by its Principal Secretary (Labour Dept.), Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4225 of 2017 ORDER:

Heard. With the consent of learned counsel for the parties, this Writ Petition is being disposed of at the stage of admission. 2.

The 3rd respondent herein filed M.P.No.29 of 2012 before the Labour Court - I, Hyderabad, under Section 33-C(2) of the Industrial Disputes Act (for short, 'the Act'), for recovery of an amount of Rs.42,500/- towards unpaid salary from May, 2012 to September, 2012. The Labour Court has discussed the events chronologically leading to the filing of the said petition and no need to repeat them.

3.

The Labour Court considered the contention of the petitioner herein with reference to the termination/suspension of the 3rd respondent, but has not accepted the stand of petitioner as no material was placed before the Labour Court with regard to the same. The Labour Court came to the conclusion that denial of benefits claimed in the petition was illegal. However, by noting the fact that the petitioner was placed under suspension from 09.06.2012, the Labour Court directed payment of 50% of the salary for the first three months and for full salary for the month of May, from 01.06.2012 to 09.06.2012 and from 10.06.2012 to 10.09.2012. Accordingly, the Labour Court has arrived at the total amount of Rs.29,466/-. I do not see any error in the order passed by the Labour Court. It is a well considered order. Even on due consideration of the issue, this Court is of the opinion that there is

no patent error warranting interference by this Court and the Writ Petition is liable to be dismissed.

4.

The Writ Petition is accordingly dismissed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:10.02.2017 KH