M.L.Narsaiah, Secbad v. Presiding Officer, And Another

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.NO.22116 OF 2011

O R D E R

This writ petition is filed by the workman against the award dated 07.02.2011 in I.D.No.65 of 2009 passed by the Labour Court - I, Hyderabad, wherein his claim for reinstatement along with back wages and continuity of service, was rejected.

Heard the learned counsel for the petitioner and Sri N.Vasudeva Reddy, learned Standing Counsel for the 2nd respondent - Corporation. During the pendency of the writ petitioner, petitioner attained the age of superannuation and hence the question of directing the 1st respondent - Corporation to reinstate the petitioner in service, does not arise. The Labour Court, appreciating the entire evidence on record, upheld the finding of the enquiry officer with regard to the guilt of the charge alleged against the workman and accordingly rejected his claim. Learned counsel for the petitioner has not pointed out any contra evidence, to interfere with the finding of fact recorded by the Labour Court. In the absence of any illegality or irregularity being pointed out, this court is not inclined to interfere with the impugned award of the Labour Court.

However, having regard to the facts and circumstances of the case, writ petition is disposed of directing the 2nd respondent to pay the service benefits to the petitioner for the services rendered by him prior to his removal, if not already paid, within a period of four weeks from the date of receipt of a copy of this order. Miscellaneous petitions pending, if any, shall stand closed. No costs. ----------------------------------------------------- ABHINAND KUMAR SHAVILI,J DATE:26-10-2018 AVS