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High Court for State of TelanganaWP/14987/2001closed no costs

The Apsrtc. Its Depot Manager, Medak v. S.Kumara Swamy Hyderaabd.

2018-04-27Kongara Vijaya Lakshmi3 pages

HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.14987 of 2001 ORDER:

This writ petition is filed calling for the records in M.P.No.85 of 1997 dated 07.03.2001 on the file of the Labour Court-II, Hyderabad and to quash the order.

The brief facts of the case, so far as they are relevant for the disposal of this case, are that the respondent was appointed as Conductor on daily wage basis with effect from 22.10.1993; while the respondent was working as Conductor, he was involved in serious cash and ticket irregularities case on 18.08.1994; therefore, he was placed under put off duty with effect from 19.08.1994; a charge sheet was issued to him and an enquiry was conducted; the respondent was disengaged from service with effect from 05.11.1994; the respondent filed M.P.No.85 of 1997 under Section 33(c)(2) of the Industrial Disputes Act, for grant of Rs.11,392.90; the Labour Court-II, Hyderabad partly allowed the claim of the respondent by granting Rs.4,370.44. Challenging the same, the present writ petition has been filed by the petitioner.

During the pendency of the Writ Petition, an interim stay was granted on 24.07.2001, which reads as follows: " There shall be interim stay on condition of the petitioner depositing Rs.4,370.44 as directed by the Labour Court, before the Labour Court within four weeks from today. On such deposit is being made, the respondent is permitted to withdraw an amount of Rs.3000/ - without furnishing any security."

Pursuant to the said interim stay dated 24.07.2001, an amount of Rs.4,370/ - has been deposited before the Labour Court. Sri V. Narasimha Goud, learned counsel for the respondent, admits that the respondent had withdrawn an amount of Rs.3000/ - from the amount deposited by the petitioner, without furnishing any security. Today, when the matter came up for final hearing, Sri Y.N. Anjaneya Chary, learned counsel representing Sri N. Vasudeva Reddy, learned standing counsel for the petitioner-RTC submits that, it is suffice, if the interim order granted on 24.067.2001, is made as final order in the writ petition. Sri V. Narasimha Goud, learned counsel for the respondent agrees for the same.

Recording the said submission, the writ petition is closed. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

__________________________ KONGARA VIJAYA LAKSHMI, J Date: 27.04.2018 BSS

HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.14987 of 2001 Date: 27.04.2018 BSS