A.Appala Suri Vs The Director of Agril.

THE HON’BLE SRI JUSTICE N. RAVI SHANKAR

WRIT PETITION No.7475 of 2001

ORDER:

Heard Sri V.Sudhakar Reddy, the learned for petitioner, the learned Government Pleader for Agriculture for respondents 1 to 4 and the learned Government Pleader for Labour for respondent No.5.

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2. Petitioner is the workman and he raised an industrial dispute i.e. I.D.No.513 of 1995 on the file of the Industrial Tribunal cum Labour Court, Visakhapatnam (Tribunal), questioning his termination dated 16.03.1989 on the ground that it is contrary to the provisions of the Industrial Disputes Act, 1947. The Tribunal took up that I.D.No.513 of 1995 and disposed of the same directing reinstatement of the petitioner without back wages on the ground that he agreed for such a relief. That award is not questioned by respondents 1 to 4 with regard to the relief of reinstatement. The learned counsel for petitioner stated that the petitioner never agreed for being reinstated into service without back wages. However, this is a case where the Tribunal has recorded that the petitioner has agreed for the same and hence I do not see any reason to disturb the same.

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3. Sri Sudhakar Reddy however brought to my notice that the petitioner has incurred much expenditure in pursuing the present I.D.No.513 of 1995 and also another industrial dispute vide I.D.No.196 of 1989 before the same Tribunal and he has been denied back wages though he contested for the same earlier. In the circumstances, I am of the opinion that having regard to the terminations of the petitioner earlier ordered and also his

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subsequent reinstatement and regularization it would be just and proper to award him a sum of Rs.15,000/- towards litigation expenses or costs against Respondents 1 to 4.

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4. Accordingly, this writ petition is disposed of in the above terms.

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________________________ N. RAVI SHANKAR, J 12^th December 2012 CVRK

A.Appala Suri v. The Director of Agril.

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A.Appala Suri v. The Director of Agril.

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