Telangana High Court
WP/15159/1995 of The Child Development Project Officer Vs Yellavilli Appalanarasamma on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 15159 of 1995 Between: 1 The Child Development Project Officer Official Colony
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDYWRIT PETITION NO : 15159 of 1995
Between:
1 The Child Development Project Officer Official Colony D.No.16-2-22, Maharanipeta, Visakhapatnam D.No.16-2-22, Maharanipeta, Visakhapatnam 2 The Regional Assistant Director Women & Child Welfare D.No.10-5-2 Ramragar, Visakhapatnam 3 The Director Women & Child Welfare Behind Sarathi Studio Sanathnagar, Hyderabad
..... PETITIONERS
AND
1 Yellavilli Appalanarasamma W/o. Nageswararao Kapparada Kancharapalem, Visakhapatnam. Kapparada Kancharapalem, Visakhapatnam.
2 The Chairman & Presiding Officer Industrial Tribunal-cum-LabourCourt, Visakhapatnam .Court, Visakhapatnam .
.....RESPONDENTS
Counsel for the Petitioners : None.
Counsel for Respondent No.1 :Sri T.Nagarjuna Reddy Counsel for Respondent No.2 : None.
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ORDER:
This Writ Petition is filed for a writ of Mandamus to set asideaward, dated 24.12.1994 in I.D.No.78 of 1990 on the file ofrespondent No.2.
At the hearing, there is no representation for the petitioners. Heard Sri T.Nagarjuna Reddy, learned counsel for respondent No.1, and perused the record.
Respondent No.1 was appointed as Anganwadi Helper inNovember 1981, on a monthly honorarium of Rs.90/-. She was a part-time worker engaged from 9.00 a.m. to 1.00 p.m. Her serviceswere terminated on 05.10.1989. Questioning the said termination,respondent No.1 raised industrial dispute by way of I.D.No.78 of 1990before respondent No.2. The said I.D., was allowed by the impugnedaward passed on 24.12.1994.
Learned counsel for respondent No.1 submitted that at thetime of admission of the writ petition, this Court granted stay of backwages only, and therefore, respondent No.1 was taken back intoservice. He fairly submitted that the award to the extent of award ofback wages may be set aside. Inasmuch as respondent No.1 isstated to be taken back into service in pursuance of the award, whichstatement is not denied as no one is present for the petitioners at thehearing and more than 13 years have elapsed since then, I find itappropriate to dispose of the writ petition in the following terms:
1) the award of respondent No.2 to the extent ofdirecting reinstatement of respondent No.1 isconfirmed, anddirecting reinstatement of respondent No.1 isconfirmed, and
2) the award to the extent of directing payment ofback wages is quashed.back wages is quashed.
As a sequel to disposal of main petition, interim order,dated 14.07.1995, is vacated and WPMP.No.18498 of 1995 isdismissed.
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C.V.NAGARJUNA REDDY, J