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High Court for State of TelanganaWP/18597/2007dismissed

The Depot Manager, v. Kommadi Gopalaiah

2018-08-13Abhinand Kumar Shavili3 pages

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 18597 of 2007 ORDER:

This writ petition is filed seeking to issue a writ of certiorari calling for the record relating to and connected with I.D.No.212 of 2004 on the file of the Labour Court, Anantapur, and quash the order dated 21.12.2006 passed therein holding it as illegal and arbitrary. 2.

Heard Sri A. Rama Rao, learned standing counsel for APSRTC, appearing for the petitioner corporation and Sri K. Venkat Ramaiah, learned counsel for the 1st respondent-workman. 3.

It has been contended by the petitioner corporation that the 1st respondent was appointed as a casual employee in the corporation on 26.01.1999 to attend the duties of Assistant Controller at Kodur Bus Station. Subsequently, he was terminated from service on 01.02.2001. Aggrieved thereby, the 1st respondent raised an industrial dispute before the Labour Court, Anantapur, in I.D.No.212 of 2004 under Section 2-A(2) of the Industrial Disputes Act. Vide award dated 21.12.2006, the Labour Court allowed the I.D. setting aside the order of termination of the 1st respondent and directing that the 1st respondent be reinstated into service as a causal worker in the post of Shramik with continuity of service but without attendant benefits and back wages. Questioning the same, the present writ petition is filed.

AKS,J WP No.18597 of 2007 4.

This Court, having considered the submissions made by the parties, is of the view that exercising its power under Section 11-A of the Industrial Disputes Act, the Labour Court passed the impugned award in favour of the 1st respondent and no irregularity has been pointed out by the standing counsel for the petitioner corporation in the award. Apart from that, the petitioner corporation had also complied with the award passed by the Labour Court. The writ petition is devoid of merits.

5.

Therefore, the writ petition is dismissed. No order as to costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. No order as to costs. ______________________________ ABHINAND KUMAR SHAVILI, J 13th August, 2018 cbs

AKS,J WP No.18597 of 2007 HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No. 18597 of 2007 (dismissed) 13th August, 2018 cbs