B. Swamydas, Vs The Depot Manager

HON’BLE SRI JUSTICE R. SUBHASH REDDY AND HON’BLE SRI JUSTICE A. SHANKAR NARAYANA

WRIT APPEAL No.1112 OF 2015

JUDGMENT: (Per Hon’ble Sri Justice R. Subhash Reddy)

This appeal is filed by respondent No.1 in W.P.No.2120 of 2004 aggrieved by the order, dated 20.03.2015, passed in the said Writ Petition.

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The aforesaid Writ Petition is filed by respondent No.1 herein challenging the Award, dated 26.08.2003, passed in I.D.No.142 of 2001 by the Industrial Tribunal – cum - Labour Court, Warangal. The learned single Judge, by impugned order, dated 20.03.2015, allowed the Writ Petition by setting aside the Award, dated 26.08.2003.

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In this appeal, mainly it is contended by the learned counsel for appellant that though the appellant was represented by

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Sri Jalli Kanakaiah, the counsel who filed vakalat on 16.01.2005 in the Writ Petition, his name was not shown in the cause list and as such, when the Writ Petition was called for hearing on 20.03.2015, he could not appear.

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A copy of the cause list, dated 20.03.2015, is placed on record. From a perusal of the same, it is clear that name of the counsel appearing for appellant is not printed. Hence, we deem it appropriate to set aside the impugned

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order, dated 20.03.2015, to give an opportunity to the appellant to put forth his case before the learned single Judge.

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Accordingly, the Writ Appeal is allowed and the impugned order, dated 20.03.2015, is set aside.

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Registry is directed to list the Writ Petition for hearing immediately after Sankranthi Vacation, 2016.

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Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. No costs.

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______________________ R. SUBHASH REDDY, J

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___________________________ A. SHANKAR

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NARAYANA, J

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January 05, 2016 MD

B. Swamydas, v. The Depot Manager

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B. Swamydas, v. The Depot Manager

Case brief

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