IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 25579 of 1999 Between: The District Malaria Officer, Eturunagaram, Shed No.23, JNC Campus, Warangal District. ..... PETITIONER AND 1 Md.Maqbool Hussain, S/o. Late mahaboob Hussain, Patak Street, Near labour Office, Warangal, Warangal District. 2 Judge, Industrial Tribunal-Cum-Labour Court, Warangal, Warangal 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 will be pleased to issue a Writ of Mandamus or any other appropriate writ or direction declaring the order dated 14-7-1999 in M.P.No.7/1998 passed by the 2nd Respondent herein as arbitrary illegal and unjust and issue a consequential direction, directing the 1st Respondent not to enforce the same against the petitioner Counsel for the Petitioner:GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for the Respondent No.: MR.V.VISWANATHAM The Court made the following : ORDER: This writ petition has been filed seeking to issue a Writ of Mandamus declaring the order dated 14-07-1999 passed in M.P. No.7/1998 by the 2 nd respondent as arbitrary, illegal and unjust and issue a consequential direction, directing the 1st respondent not to enforce the same against the petitioner. The 1st respondent herein is the workman being engaged by the petitioner herein as Superior Field Worker on daily wage basis. He was terminated from the services with effect from 01-04-1990 and he raised the dispute vide I.D. No.226 of 1990 before the Industrial Tribunal-cum-Labour Court at Warangal (for short ‘the learned Tribunal’). The learned Tribunal passed an award dated 19-11-1991 directing the petitioner herein to provide work to the workman as S.F.W. on daily wage basis by treating the period from the date of removal till the workman reporting to duty as on duty for the purpose of seniority. The said award was published on 20-02-1992 and the workman submitted his joining report on 07-02-1992, which was received by the petitioner herein on 10-02-1992 but the workman was not taken into duty. Thereafter, the workman ﬁled E.P. No.25 of 1992 claiming an amount of Rs.14,771-50 p.s., and in which an order was passed directing the petitioner herein to pay the admitted amount of Rs.4,215/- by 08-10-1993. As against the same, the petitioner herein ﬁled W.P. No.16420 of 1993 and the writ petition was dismissed on 28-09-2001 holding that whether the petitioner herein has questioned the award of the learned Tribunal and in the absence of the same, the award becomes ﬁnal and the petitioner herein is bound to implement the same. Subsequently, the workman also ﬁled M.P. No.7 of 1998 before the learned Tribunal seeking to determine the amount of Rs.64,800/- due to him and the learned Tribunal wherein declared that the workman is entitled to receive the total amount of Rs.56,130/- towards arrears. Assailing the same, the present writ petition has been filed. From a perusal of the record, this Court on 14-12-1999 while admitting the writ petition granted interim suspension of the impugned order subject to the condition that the petitioner deposits the entire amount awarded by the Labour Court within four weeks from the date of order and on such deposit being made, the workman was permitted to withdraw half of the amount without furnishing any security. Thereafter, another petition was ﬁled seeking to modify the order dated 14-12-1999 and this Court on 21-12-1999 modiﬁed the order dated 14-12-1999 that interim suspension of the impugned order subject to the condition that the petitioner deposits the entire amount awarded by the Labour Court, within a period of four weeks from 14-12-1999. On such deposit being made, the Labour Court shall keep the amount in ﬁxed deposit and the monthly interest accrued thereon shall be paid by the Labour Court to the workman on an application being made by the workman, pending further orders in the WPMP. Further WVMP No.227 of 2000 was dismissed on 07-09-2000 as the learned counsel for the vacate petitioner was not present, though the vacate petition was listed under the caption for dismissal. As the validity of the award passed in I.D. No.226 of 1990 was not questioned, the same has become final. The M.P. No.7 of 1998 was ﬁled seeking to determine certain amounts for the period from 08-02-1992 to 10-02-1998. The said period was admitted by the petitioner herein in his counter ﬁled in E.P. No.31 of 1996 and the same was taken into consideration by the learned Tribunal and calculated the amount for the said period, has come to the conclusion that the workman is entitled to Rs.56,130/-. As could be seen from the order passed by the learned Tribunal, since the workman was not reinstated into service and the petitioner herein has not complied with the mandatory provisions of Section 17-B of the Industrial Disputes Act, the learned Tribunal calculated the amount and declared that the workman is entitled to receive the total amount of Rs.56,130/- towards arrears for the period covering from 08-02-1992 to 10-02-1998 at the rate of Rs.30/- per day and the petitioner herein is liable to pay the same. Having regard to the facts and circumstances of the case and the M.P. No.7 of 1998 was ﬁled seeking arrears for the period from 08-02-1992 to 10-02-1998 and the learned Tribunal has taken into consideration the admissions made by the petitioner herein in the counter ﬁled in E.P. No.31 of 1996 arrived at a conclusion, and further as it is not the case of the petitioner herein that the learned Tribunal had wrongly calculated the amount and as the award passed by the learned Tribunal in I.D. No.226 of 1990 was not challenged and the same has become ﬁnal, I do not see any reason to interfere with the impugned order and the petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 04-07-2008 LSK