Allowed

The Divisional Forest Officer, v. Sri v Baba Saheb

Telangana HC7 Mar 2012WA/1058/2007

Case brief

AI extract

What is this about?

The Writ Appeal against interim orders directing a deposit to make an interim order absolute. The High Court held that entitlement must be decided on merits before deposit is enforced, remanded the case to the Single Judge.

What did the court decide?

The order depositing Rs.1,00,000 made absolute by a Single Judge was set aside and the case remanded to decide the main claim on merits.

The Divisional Forest Officer, Vs Sri v… — Pension and Retirement Benefits | Telangana HC (2012)

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THE HON'BLE MR JUSTICE V ESWARAIAH And

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THE HON’BLE SRI JUSTICE K.G.SHANKAR

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WRIT APPEAL.No.1058 of 2007

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DT.07-03-2012

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Between: The Divisional Forest Officer, Chittoor West Division, Chittoor & 2 ors.

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… Petitioner

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And

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Sri V.;Basha Saheb, s/o Nabi Saheb

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… Respondent Counsel for the Appellant: G.P for Forest

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Counsel for respondent: Sri The Court made the following Judgment:

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THE HON'BLE MR JUSTICE V ESWARAIAH

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And

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THE HON’BLE SRI JUSTICE K.G.SHANKAR

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WRIT APPEAL.No.1058 of 2007

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JUDGMENT: Per Hon’ble Sri Justice K.G.Shankar)

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The appellants assailed the order of the learned Single Judge in W.V.M.P.No.2687 of 2006 in W.P.M.P.No.21471 of 2003 in W.P.No.17270 of 2003. The learned Single Judge passed interim orders directing the appellants herein to deposit Rs.1,00,000/- within a period of six seeks from the date of order (27-07-2007).

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The 1^st respondent raised an Industrial Dispute in MP.No.25 of 2000 on the file of the Industrial Tribunal-Cum-Labour Court, Anantapur. It would appear that the same was allowed ex parte.

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Aggrieved by the same, the appellants herein preferred I.A.No.264 of 2002 before the Industrial Tribunal-Cum-Labour Court, Anantapur. Through orders dated 20-03-2003, the learned Chairmancum-Presiding Officer, Industrial Tribunal-Cum-Labour Court, Anantapur in I.A.No.264 of 2002 declined to set aside the ex parte orders in M.P.No.25 of 2000.

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Consequently, the appellants preferred W.P.No.17270 of 2003 before a learned Single Judge of this Court. They sought for interim orders. The respondent in his turn filed WVMP.No.2687 of 2006

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seeking to vacate the interim orders. After hearing both sides, the learned Single Judge passed orders on 27-07-2007 directing the appellants to deposit Rs.1,00,000/- by way of making the interim order dated 22-12-2003 absolute conditionally. Assailing the same, the present writ appeal is filed.

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The sole respondent is the workman. The Tribunal allowed MP.No.25 of 2000 on 8-1-2001 granting compensatory allowance not exceeding 2/3^rd of the pension as well as gratuity in according with the Rules.

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The real question is whether the respondent would be entitled to any benefits under Section 33 (c) (2) or 11-A of the Industrial Disputes Act without setting aside the order of the dismissal of the respondent by the appellants.

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This question is the question, which needs to be answered before the claim of the respondent can be allowed. The learned Single unfortunately did not consider these aspects before passing the impugned order. We therefore, deem it appropriate to set aside the order passed by the learned Single Judge and remit the case to the learned Single Judge for deciding the main case itself on merits.

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Accordingly, this writ appeal is allowed. The orders of the learned Single Judge in W.V.M.P.No.2687 of 2006 in W.P.M.P.No.21471 of 2003 in W.P.No.17270 of 2003 dated 27-072007 are set aside. The status quo existing as on today shall continue until disposal of the writ petition.

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The request of the respondent for expedite hearing of the writ petition

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is accepted. No costs.

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______________ V. ESWARAIAH,J

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_____________ K.G.SHANKAR,J Dt:7-03-2012 grk

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THE HON'BLE MR JUSTICE V ESWARAIAH And THE HON’BLE SRI JUSTICE K.G.SHANKAR

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(The Judgment of the Bench delivered by Hon’ble Sri Justice K.G.Shankar)

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WRIT APPEAL.No.1058 of 2007

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DT.07-03-2012

The Divisional Forest Officer, v. Sri v Baba Saheb

Case brief

What is this about?

What did the court decide?

The Divisional Forest Officer, v. Sri v Baba Saheb

Case brief

What is this about?

What did the court decide?

What the court decided

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