HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5440 OF 2005 DATED 28TH JANUARY, 2010 BETWEEN The General Manager, The Singareni Collieries Co. Ltd., RG-I Area, Godavarikhani, Karimnagar District. …..Petitioner And Sri E.Komuraiah, and another. ….Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5440 OF 2005 O R D E R This writ petition was filed by the Singareni Collieries Company Limited, aggrieved by the Award dated 29.07.2004, passed by the Central Government Industrial Tribunal-cum-Labour Court, Hyderabad, in L.C.I.D.No.197 of 2003, whereby, it was directed to employ the first respondent herein, as ‘badli filler’ on minimum pay scale. The Labour Court clarified that his past service would not be taken into account for any purpose, including terminal benefits. At the time of admission of this writ petition, this Court directed suspension of the award under challenge subject to the petitioner Company complying with the provisions of Section 17-B of the Industrial Disputes Act, 1947. While so, the petitioner Company filed WPMP No.29058 of 2009 to take up the writ petition for hearing on an ‘out of turn’ basis, relying upon the Consent Award dated 17.10.2006 passed under Section 21 of the Legal Services Authority Act, 1987, by the Lok Adalat, Hyderabad, in L.C.I.D.No.18 of 2004. It is stated that this Court disposed of an identical matter in W.P.No.23083 of 2006 by order dated 09.04.2008, whereby the dispute was directed to be settled in accordance with the terms and proposals put forth by the management and accepted by the workman in the Consent Award passed in L.C.I.D.No.18 of 2004. When WPMP No.29058 of 2009 was taken up for hearing, the learned counsel appearing for the first respondent/workman stated that he has no objection to a similar order being passed in the present writ petition. Accordingly, the writ petition is disposed of, setting aside the Award under challenge in L.C.I.D.No.197 of 2003, and directing the settlement of the dispute between the parties in accordance with the proposals recorded in the Consent Award dated 17.10.2006 in L.C.I.D.No.18 of 2004 on the file of the Lok Adalat, Hyderabad, excepting Clauses (b) and (c) thereof, which are stated by both counsel to be inapplicable to the instant case. In the light of the final order passed in the writ petition, no further orders are required to be passed in WPMP No.29058 of 2009, which is accordingly dismissed. In the circumstances of the case, there shall be no order as to costs. -------------------------- SANJAY KUMAR,J 28th JANUARY, 2010 PGS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5440 OF 2005 28th JANUARY, 2010