IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO.21763 of 2002 Between: N.R.Chander S/o Rajanna, R/o 16-1-97, S.R.R. Thota, Warangal. ...PETITIONER AND 1. The Presiding Officer, Industrial Tribunal-cum-Labour Court, Godavarikhani, Karimnagar District. 2. The Depot Manager, Andhra Pradesh State Road Transport Corporation, Nirmal Depot, Adilabad District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order direction or writ particularly one in the nature of Writ of Certiorari or any other appropriate writ after calling for the records in I.D.No.68/2000 on the file of Labour Court, Godavarikhani quash the award dated 10.09.2001 and consequently direct the respondent no.2 to reinstate the petitioner into service with all consequential benefits. Counsel for the Petitioner: MR.G.VIDYASAGAR Counsel for the Respondent No.1: GP FOR LABOUR Counsel for the Respondent No.2: Smt.P.RAJANI REDDY, Standing Counsel The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO.21763 of 2002 ORDER: Heard Sri G.Vidyasagar, the learned counsel appearing for the petitioner and Smt.P.Rajani Reddy, the learned standing counsel appearing for the second respondent-Corporation. Having heard the learned counsel on either side and on perusal of the material available on record, the question involved in this Writ Petition is squarely covered by the decision of the Apex Court in Cooper Engineering Ltd., v. P.P.Mundhe where under it was held that in the absence of any finding given preliminarily as to the validity of the enquiry, the Labour Court cannot proceed with nor can pass any award. Therefore, all awards without such findings are vitiated and require reconsideration. The Writ Petition is accordingly allowed. The impugned award dated 10.09.2001 in I.D.No.68 of 2000 on the file of the Labour Court, Godavarikhani is set aside and the matter is remitted to the first respondent/Labour Court for fresh enquiry and disposal on merits in accordance with law within a period of three months, after giving due notice and sufficient opportunity to both the parties. No Costs. _________________ (B.PRAKASH RAO, J) 30th March 2005 RRB That Rule Nisi has been made absolute as above. Witness the Hon’ble Sri Devinder Gupta, the Chief Justice on this Wednesday, the Thirtieth day of March Two thousand and five. ASSISTANT REGISTRAR //True Copy// SECTION OFFICER Copy To: 1. The Presiding Officer, Industrial Tribunal-cum-Labour Court, Godavarikhani, Karimnagar District. 2. The Depot Manager, Andhra Pradesh State Road Transport Corporation, Nirmal Depot, Adilabad District. 3. Two CCs to G.P. for Labour, High Court Buildings, Hyderabad (OUT). 4. Two CD copies.