THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.19416 OF 1999 DATED: 01-05-2007 Between: G. Brahmaiah .. Petitioner and T h e Labour Court-II, Hyderabad, represented by its Presiding Officer and others. .. Respondents THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.19416 OF 1999 ORDER: In this writ petition, though no adjudication is required, the impugned award passed by the Labour Court needs to be restructured insofar as the operative portion is concerned. The operative portion of the award reads as under:- “As such taking into consideration the totality of fats and circumstances this Court finds that in the absence of any material made available by the Respondents in support of the defence and objection raised in the counter an adverse inference has got to be drawn against the Respondents by accepting the plea of the petitioner that he worked for the requisite period to claim the benefits of the provisions of I.D. Act. Therefore the petitioner is entitled to get reinstatement with continuity of service by setting aside the termination. Thus the point is found accordingly. In the result, the I.D. is allowed declaring the petitioner as entitled to be reinstated as a fresh candidate by the respondents within 30 days from the date of the publication of the award with continuity of service only but without any other benefits like backwages etc. Award is passed accordingly.” According to the learned counsel for the petitioner, the relief granted by the Labour Court is inconsistent with the findings reached by it. The Labour Court, having held that the petitioner is entitled to get reinstatement with continuity of service by setting aside the termination, in the operative portion, as noticed above, held that the petitioner is entitled to be reinstated as a fresh candidate by the respondents within 30 days from the date of the publication of the award with continuity of service only, but without any other benefits like backwages etc. This has created a doubt in the mind of the management as a consequence of which the petitioner was reinstated as fresh candidate, ignoring the rest of the award granting the relief of continuity of service. In view of the above, the operative portion of the award in the I.D. shall read as under: “In the result, the I.D. is allowed declaring that the petitioner is entitled to be reinstated into service with continuity of service, but without any backwages or other attendant benefits.” With the above clarification, the writ petition is disposed of. There shall be no order as to costs. ____​__________ C.V. RAMULU, J 1st May, 2007. IBL