The Regional Engg. College, Warangal Vs. U. Cheralu
Appeal: Petition(s) for Special Leave to Appeal (Civil) No.12794/1999
(From the judgement and order dated 16/06/1999 in WA768/99 of the High Court of A.P at Hyderabad)
(From the judgement and order dated 16/06/1999 in WA768/99 of the High Court of A.P at Hyderabad)
Petitioner: The Regional Engg. College, Warangal
Respondent: U. Cheralu
Apeal: Petition(s) for Special Leave to Appeal (Civil) No.12794/1999
(From the judgement and order dated 16/06/1999 in WA768/99 of the High Court of A.P at Hyderabad)
(From the judgement and order dated 16/06/1999 in WA768/99 of the High Court of A.P at Hyderabad)
Judges: S.B. MAJMUDAR & D.P. MOHAPATRA, JJ.
Date of Judgment: Jan 03, 2000
Appearances:
Mr. P.P. Rao, Sr. Adv., Ms. C.K. Sucharita, Adv. For Petitioner (s)
Mr. Dyan Krishnan, Adv., For Respondent (s) Amicus Curiae
Mr. Dyan Krishnan, Adv., For Respondent (s) Amicus Curiae
Head Note:
SERVICE AND LABOUR LAW
Industrial Disputes Act 1947
Section 17B – Termination of Service – Labour Court directing reinstatement of the employee – Writ against the decision of Labour Court. Held Pending disposal of writ, employer directed to pay an ad hoc amount of Rs. 500 every month in lieu of rein-statement.
Industrial Disputes Act 1947
Section 17B – Termination of Service – Labour Court directing reinstatement of the employee – Writ against the decision of Labour Court. Held Pending disposal of writ, employer directed to pay an ad hoc amount of Rs. 500 every month in lieu of rein-statement.
JUDGEMENT:
ORDER
1. We have heard learned senior counsel for the petitioner and the learned counsel who appears as Amicus Curiae.
2. Keeping the question of law open, we deem it fit to dispose of this Special Leave Petition by directing the petitioner to pay on ad hoc basis Rs.500/- per month to the respondent in lieu of his reinstatement ordered by the Labour Court, pending disposal of Writ Petition No. 3234/95 by the High Court. The said amount shall be paid to the respondent from Ist March, 1999 as order under Section 17-B of the Industrial Disputes Act was passed by the High Court in the pending writ petition, effective from that date. All arrears will be paid within three months from today and the future amount of Rs.500/- per month will be paid from month to month till disposal of the writ petition by the High Court.
2. The respondent, for compliance of the order of Section 17-B of the Industrial Disputes Act, will have to file appropriate affidavit as required by the said provision. On filing of such affidavit, the aforesaid amounts will be released to the respond-ent. Writ Petition No. 3234/95 deserves to be expedited. We, therefore, request the High Court to dispose of the same as early as possible preferably within six months from today. The Special Leave Petition is disposed of accordingly.
3. We record our appreciation for the efforts put by the learned Amicus Curiae advocate in this proceeding.
Court Master.
1. We have heard learned senior counsel for the petitioner and the learned counsel who appears as Amicus Curiae.
2. Keeping the question of law open, we deem it fit to dispose of this Special Leave Petition by directing the petitioner to pay on ad hoc basis Rs.500/- per month to the respondent in lieu of his reinstatement ordered by the Labour Court, pending disposal of Writ Petition No. 3234/95 by the High Court. The said amount shall be paid to the respondent from Ist March, 1999 as order under Section 17-B of the Industrial Disputes Act was passed by the High Court in the pending writ petition, effective from that date. All arrears will be paid within three months from today and the future amount of Rs.500/- per month will be paid from month to month till disposal of the writ petition by the High Court.
2. The respondent, for compliance of the order of Section 17-B of the Industrial Disputes Act, will have to file appropriate affidavit as required by the said provision. On filing of such affidavit, the aforesaid amounts will be released to the respond-ent. Writ Petition No. 3234/95 deserves to be expedited. We, therefore, request the High Court to dispose of the same as early as possible preferably within six months from today. The Special Leave Petition is disposed of accordingly.
3. We record our appreciation for the efforts put by the learned Amicus Curiae advocate in this proceeding.
Court Master.