THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT APPEAL NO.1490 of 2002 30th September 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 10.07.2002 in W.P.NO.11075 OF 2002 on the file of the High Court.) Between: D.Shanker, S/o.Late Ramaswamy, 35 years, Ex-Conductor E.No.326214, R/o.20- 447, Mamata Nagar, Parkal, Warangal District. …APPELLANT/RESPONDENT AND 1. The Industrial Tribunal-Cum-Labour Court, Hamakonda, Warangal, rep.by its Chairman. 2. APSRTC, rep.by its Depot Manager, Bus Depot, Parkal, Warangal District. …RESPONDENTS THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE DR JUSTICE G.YETHIRAJULU W.A.NO.1490 of 2002 JUDGMENT: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard both the sides. The appellant/petitioner seeks to assail the dismissal order dated 10.07.2002 in Writ Petition No.11075 of 2002. The ground urged on behalf of the appellant is that without giving a preliminary finding and providing an opportunity as contemplated under the decision reported in Cooper Engineering Limited v. P.P.Munde, the Labour Court passed an award and therefore, the matter requires to be remitted for fresh enquiry and disposal. Having heard the learned counsel on either side and on perusal of the material available on record, it is seen that there is no regular finding or enquiry as contemplated under the decision cited supra. Following the decision cited supra, the Writ Appeal is allowed and consequently the Writ Petition is also allowed. The matter is remitted to the Labour Court for fresh enquiry on merits, after giving opportunity and notice to both the sides. _________________ (B.PRAKASH RAO, J) ___________________ (DR G.YETHIRAJULU, J) 30th September 2005 RRB