In a writ petition challenging a Labour Court Award dismissing removal proceedings, the High Court noted the petitioner's retirement and settlement of benefits. The Court exercised discretion to dismiss the petition without passing orders on the Award.
No order as to costs; miscellaneous petitions closed.
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HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2431 of 2009
ORDER:
This writ petition is filed challenging the Award, dated 07.07.2008, passed by the Labour Court-III, Andhra Pradesh, Hyderabad dismissing I.D.No.232 of 1994 filed by the petitioner questioning the order of his removal from service.
The petitioner was a Conductor in the respondent-Andhra Pradesh State Road Transport Corporation. The Award, dated 07.07.2008, was passed after setting aside the earlier Award, dated 21.08.1997.
It appears that the petitioner continued in service by virtue of the earlier Award, dated 21.08.1997. In those circumstances, this Court while issuing notice before admission on 11.04.2009, passed an order of status quo , as a result of which, the petitioner was allowed to continue in service.
During the pendency of the writ petition, the petitioner was promoted as ADC and he retired from service also. His retirement benefits were also settled except the payment of gratuity.
This is not disputed by the learned Standing Counsel for the respondents, stating that all the terminal benefits were settled.
2
However, if any amount is due and payable to the petitioner consequent to his retirement, the same shall be settled by the respondents, within a period of three months.
In respect of the Award, dated 07.07.2008, no orders need be passed by this Court in view of the above circumstances.
The writ petition is accordingly disposed of.
Miscellaneous petitions, if any, pending in this writ petition
shall stand closed. There shall be no order as to costs.
_______________________
A.RAMALINGESWARA RAO,J
Dt:19.07.2017
kdl
1 issue framed by the court
Whether the High Court needs to pass orders regarding the Labour Court Award upon the petitioner's retirement and settlement of benefits.
Petitioner
Respondent
A. Ramalingeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
