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High Court for State of TelanganaWP/19840/2003dismissed

The A.P.S.R.T.C. v. R. Venkataram Reddy, Medak District.

2018-11-05Abhinand Kumar Shavili3 pages

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.19840 of 2003 ORDER:

1.

This writ petition is filed seeking to issue a writ of certiorari calling for the records relating to and connected with I.D.No.158 of 2000 on the file of the 2nd respondent-Labour Court, and to quash the award dated 06.03.2003 passed therein holding it as illegal and arbitrary.

2.

Heard learned Standing Counsel for petitionerCorporation and learned Counsel for the 1st respondentworkman. 3.

It has been contended by the petitioner-Corporation that the 1st respondent-workman was appointed as Cleaner in the Corporation in the year 1997 and he was removed from service after conducting enquiry on certain allegations, vide proceedings dated 4.12.1999, and challenging the same, the 1st respondent raised an industrial dispute in I.D.No.158 of 2000 on the file of the 2nd respondent - Labour Court under Section 2-A(2) of the Industrial Disputes Act, and the Labour Court without properly appreciating any of the contentions raised by the corporation, passed an award dated 06.03.2003 setting aside the order of removal and directing the corporation to reinstate the 1st respondent into service with all benefits

including back wages. Aggrieved thereby, the present writ petition is filed by the petitioner-Corporation. 4.

Learned Counsel for the 1st respondent has contended that the Labour Court has rightly passed the award in favour of the 1st respondent and, therefore, no interference is called for. 5.

This Court, having considered the submissions made by the learned Counsel for the parties, is of the considered view that the Labour Court has rightly passed the award in favour of the 1st respondent. Further, no illegality or irregularity is pointed out by the learned Standing Counsel for the petitionerCorporation in the award passed by the Labour Court. Unless and until any illegality or irregularity is pointed out by the learned Standing Counsel for the petitioner-Corporation in the award passed by the Labour Court, this Court cannot interfere with the findings of the Labour Court. There are no merits in the writ petition and the writ petition is liable to be dismissed. 6.

Accordingly, the Writ Petition is dismissed. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. No order as to costs.

___________________________ ABHINAND KUMAR SHAVILI, J 5th November, 2018 Nn

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No.19840 of 2003 (dismissed) 5th November, 2018 Nn