HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14987 of 2009 Date: 21.04.2010 Between: Mr. Rajesh Behal. … Petitioner And Kompella Gopala Krishna & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14987 of 2009 ORDER: Though the interlocutory applications are coming up for hearing, at the request of the learned counsel for the parties, the writ petition itself is taken up for consideration. In the writ petition, the petitioner has questioned the order, dated 29th January 2009, passed by the Industrial Tribunal-cum-Labour Court, Visakhapatnam, in M.P.No.61 of 2005. In the claim petition, which is numbered as M.P.No.61 of 2005, the 1st respondent has claimed an amount of Rs.2,31,903=45 ps., with interest. Case of the petitioner is that he was the employee of Samata Services Private Limited. It is stated that earlier, when his services were terminated, he approached the Industrial Tribunal, which has ordered for his reinstatement into service, and the said order is also confirmed by this Court in an earlier writ petition. After reinstatement, M.P.No.61 of 2005 was filed, claiming an amount of Rs.2,31,903=45 ps., towards back-wages, earned leave, difference in monthly salary, bonus and arrears of salary. The Tribunal below has allowed the same, by the impugned order. In this writ petition, it is the case of the petitioner, who is the Managing Director of the Company, that the 1st respondent was working in Samata Marine Shipping Company, which is already closed. It is submitted that without impleading the said Company, by impleading the individuals, the 1st respondent has filed the claim petition and the same is ordered illegally, without examining the claim in proper perspective. When the same is noticed, the learned counsel appearing for respondent No.1 requests to remand the matter to the Tribunal by permitting him to take appropriate steps for impleadment of necessary parties in the claim petition. In view of the request made by the learned counsel for the 1st respondent, without going into merits of the claim, acceding to his request, the order, dated 29th January 2009, passed in M.P.No.61 of 2005, is set aside and the matter is remanded to the Industrial Tribunal-cum-Labour Court, Visakhapatnam for fresh consideration. It is also made clear that it is open for the 1st respondent-workman to implead necessary parties in the claim petition. It is needless to observe that the evidence, which is already recorded, shall be considered at the stage of final disposal of the claim petition. The writ petition is allowed with the directions as referred above. No order as to costs. ______________________ R. SUBHASH REDDY, J 21st April 2010 Note: Furnish C.C. in three days. (b/o) ajr