IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 983 of 2005 Between: The Depot Manager, APSRTC, Tiruvur Depot, Krishna District. ..... PETITIONER AND 1. Sri D.V.V. Rao, E-350943, Driver, APSRTC, Tiruvuru Depot, Krishna District. 2. The Labour Court, Guntur, represented by its Presiding Officer. .....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 a Writ, Order or direction more particularly in the nature of Writ of Certiorari calling for the records relating to docket order dated 10-11-2004 in M.P. No. 142/2000 on the file of Labour Court, Guntur and set aside the same as arbitrary, illegal. Counsel for the Petitioner: MR.R.MANMADHA REDDY Counsel for the Respondents: GP FOR LABOUR The Court made the following: ORDER: Challenging the docket order dated 10.11.2004 passed in M.P.No.142 of 2000 on the file of the Labour Court, Guntur, the present writ petition is filed. 2. Learned counsel appearing for the petitioner-Corporation contended that the Court below without assigning any reasons, passed the impugned order and, therefore, it is liable to be set aside. 3. Learned counsel appearing for the first respondent opposed the same and contended that as per the award, the petitioner is entitled for the benefits. 4. The docket order passed by the Court below reads as under: “The decision of the Supreme Court in APSRTC v. S. NARSA GOUD 2003 (I) LLJ 816 is not applicable to the present case. Hence, the respondent is directed to grant notional increments to the petitioner from the date of removal till the date of reinstatement and fix the pay of the petitioner as on the date of reinstatement after giving notional increments and pay arrears of pay within two months. For payment call on 28.1.2005.” 5. That a reading of the above docket order would go to show that the learned judge has not assigned any reasons as to how the petitioner is entitled for notional increments. There cannot be any dispute that the Tribunal is expected to record reasons while passing the order. As the learned Judge passed the impugned order without assigning any reasons, the order under challenge suffers from serious legal infirmities and is liable to be set aside. 6. In the result, the writ petition is allowed and the matter is remitted to the second respondent with a direction to dispose of M.P.No.142 of 2000 on merits, after affording opportunity to both the parties, within a period of two months from the date of receipt of a copy of this order. No costs. _____________ (K.C. BHANU, J) Date: 07.06.2005 Ksn This Rule Nisi has been made absolute as above. Witness the Hon’ble Sri Justice Bilal Nazki , the Acting Chief Justice on this the 7th day of June Two thousand and five. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. Sri D.V.V. Rao, E-350943, Driver, APSRTC, Tiruvuru Depot, Krishna District. 2. The Labour Court, Guntur, represented by its Presiding Officer. 3. Two CCs to G.P. for Labour, High Court Buildings, Hyderabad (OUT). 4. 2 CD copies Form-NIC-OGS/WP{AVLR}