THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.25459 OF 2000 Between:-
M/s.Ranisatiji Trading Co. Adilabad, rep.by its Prop. Sri Pavan Kumar.
…Petitioner And The Authority under A.P.Shops and Establishments Act, 1988/Asst.Commissioner of Labour (Appellate authority), Adilabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.25459 OF 2000 ORDER This writ petition is filed against the order passed by the Assistant Commissioner of Labour, Adilabad in APSE Case No.1 of 2000, seeking to issue a writ of certiorari and to set aside the order passed by the second respondent dated 17-5-2000.
The brief facts which are necessary for disposing of the present writ petition are that the third respondent who was working as salesman-cum-electrical repairer committed theft of some articles in the firm belonging to the petitioner and on the report lodged with the Police of I-Town, Adilabad, it is stated that the police investigated the matter and found that the stolen property was in possession of the third respondent. The police arrested the third respondent and remanded him to judicial custody. Subsequently, the third respondent was absent from duty to the firm belonging to the petitioner. After some time, the third respondent filed an application under Section 48(1) of A.P. Shops and Establishments Act, 1988 before the first respondent, seeking his reinstatement and other reliefs. However, in the course of enquiry, the third respondent requested that he may be granted terminal benefits. Thereupon the authority who heard the application, disposed of the same by calculating the compensation at Rs.24,352/- (Rupees twenty four thousand, three hundred and fifty two only) and directed the same to be paid to him.
Feeling aggrieved, the petitioner filed an appeal in APSE Case No.1 of 2000 under Section 53(1)(a) of A.P. Shops and Establishments Act1988. The learned Appellate authority dismissed the appeal, stating that as many as eight adjournments were granted to the petitioner, but he was absent and therefore, the appellate authority had no option except to dismiss the application.
The order passed by the appellate authority does not reveal the dates on which the appeal was posted. Simply it is mentioned that the appellant was absent. Since the appellant was represented by an Advocate, the appellate authority ought to have heard the counsel for the petitioner (Appellant).
In the above circumstances, This Court of the view that the petitioner shall be given opportunity of making his submissions in the appeal and therefore, this is a fit case to remand the matter to the appellate authority.
Consequently, the order dated 29-9-2000 passed by the first respondent is set aside and the matter is remanded to the Assistant Commissioner of Labour (Appellate Authority), Adilabad with a direction to afford both the parties to make their submissions and dispose of the appeal on merits.
The writ petition is disposed of accordingly. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 05-06-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.25459 OF 2000 Date: 05-06-2014 Shr