WP/13919/2002 of A.Saidaiah, Vs The Labour Court-III, on 31 December 2004

O R D E R:

Heard the learned counsel appearing for the petitioner and also thelearned standing counsel, Sri V.T.M.Prasad, appearing for therespondent-Corporation.

The petitioner herein, who is a Conductor, seeks writ of Certiorariassailing the impugned award in I.D.No.209 of 1999, dated 25-01-2002.

The facts, in brief, are that the petitioner joined the services of therespondent-Corporation as Conductor on 22-02-1986. However, oncertain allegations, he was removed from service as per the ordersdated 15-09-1998. Subsequently, the existing remedies availabledepartmentally were availed by the petitioner and also raised adispute before the Industrial Tribunal under Section 2A (2) of theIndustrial Disputes Act, which was taken up as I.D.No.209 of 1999.The Tribunal, after considering the material available on record,dismissed the I.D, upholding the orders of removal passed by therespondent-Corporation.

The learned counsel appearing for the petitioner submits that withoutgoing into the merits of the case, the first respondent by placingreliance on a decision of this Court reported inDEPOT MANAGER, APSRTC VS. PRESIDING OFFICER,INDUSTRIAL TRIBUNAL-III, HYDERABAD,rejected the saidindustrial dispute filed by the petitioner, though the petitionersubmitted several other decisions in support of his case. Further, it is pointed out that the said decision of the learned Single Judge of thisCourt was subsequently reversed by a Division Bench of this Court inW.A.No.1145 of 2000, as per orders dated 02-11-2000. In view of thesame, the entire basis on which the award came to be passed nolonger res integra and, hence, requires reconsideration on meritsafresh.

Having heard the learned counsel for both sides and also on perusalof the material on record, there is no dispute to the fact that thedispute raised by the petitioner before the Tribunal was squarelycovered by the decision of the learned single Judge of this Court asreported in 2001 (88) FLR 93,which was subsequently set aside bythe Division Bench of this Court in W.A.No.1145 of 2000. In view ofthe same, it is necessary that the matter requires to be reconsideredafresh on the principles as applicable to the facts of the case vis-à-visthe merits.

Facts

In the circumstances, the writ petition is accordingly allowed. Theimpugned award is set aside and the matter is remanded to the firstrespondent for fresh consideration on merits after giving notice andopportunity to both the parties. The first respondent shall dispose ofthe same within a period of three months from the date of receipt of acopy of this order.

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Lrkm. 31-12-2004

That Rule Nisi is made absolute as above.

Witness the Hon’ble Sri Devinder Gupta, the Chief Justice on this Friday the Thirtyfirst day of December Two thousand and Four.

ASSISTANT REGISTRAR

To

1. The Presiding Officer, Labour Court-III, , 4th Floor, Chandravihar Building, Nampally, Hyderabad.

2. The Regional Manager, APSRTC,

Nalgonda Region, Nalgonda.

3. The Depot Manager, APSRTC,

Bus Depot, Nalgonda, Nalgonda District. Nalgonda District.

4. 2CD copies.