This short order dismisses a writ petition filed challenging a Labour Court award regarding the setting aside of a punishment of deferment of annual increment imposed on a driver. The petition was dismissed for default due to the respondent's failure to comply with a conditional order within the stipulated timeframe.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE S.V.BHATT
WRIT PETITION No.11477 of 2009
ORDER:
The petitioner challenges award dated 09-05-2007 in I.D.No.221 of 2002. The reference was made under Section 10-1(C) of the Industrial Disputes Act. The Labour Court while answering the reference held as follows:-
“In the result, the reference is answered holding that the action of the Regional Manager, APSRTC West Godavari Region, Eluru, in imposing the punishment of deferment of annual increment for a period of one year with cumulative effect on P.Suryarao driver E.57784 Narasapuram Depot is not justified and the same is set aside. The respondent is directed to release all increment benefits except back wages. The reference is answered and award is passed accordingly.”
The writ petition is dismissed for default against 1st respondent for non-compliance of conditional order dated 12-12-2012.
After lapse of three and half years, it appears that no steps are taken to rectify the defect. Since the writ petition is dismissed against the contesting respondent, the prayer cannot be considered.
Accordingly, the writ petition is dismissed. It is open to the petitioner, if so advised, to file appropriate petitions for restoration as well as setting aside the default order against 1st respondent. No order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition
shall stand closed.
_____________ S. V. BHATT, J Dt: 28-06-2016 Prv
THE HON'BLE SRI JUSTICE S.V.BHATT
WRIT PETITION No.11477 of 2009
28-06-2016
Prv
1 issue framed by the court
Whether the writ petition should be restored after the dismissal for default due to the respondent's non-compliance with a conditional order.
1 provisions across 1 enactments
Petitioner
1st Respondent
S. V. BHATT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
