HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:5765 OF 2000 DATED:12.8.2010. Between: A. Rajeswara Rao …Petit And: 1. The 2nd Appellate Authority u/s.48(3) of the A.P. Shops & Establishment Act, the Dy. Commissioner of Labour, Visakhapatnam and others. …Respond This Court made the following: HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:5765 OF 2000 ORDER: This writ petition is filed seeking to issue a Writ of Certiorari calli the records from the file of the 1st respondent in A.P.S.E.A. 3 of 1999, 14.2.2000 and declare the order of the 1st respondent in modifying the of the 2nd respondent passed in FA No.7 of 1993, dated 5.5.1999 as i and arbitrary, and consequently, to direct the 3rd respondent to reinsta petitioner with all consequential benefits. The case of the petitioner reads as follows: The petitioner-workman joined as Manager in 3rd respo establishment on 15.12.1988. While he was working as Manage Assistant Labour Officer, Circle II, inspected the premises of th respondent and noted down the statutory violations regarding mainten of Labour Registers and payment of minimum wages and he prosecute President of respondent No.3-establishment by way of filing STC N and 215 of 1991 on the file of the Special Judicial II Class Magis Srikakulam, in which the President of the 3rd respondent was imposed w fine of Rs.50/- for each violation and the appeal as well as the revisions against such imposition were dismissed. While the matter is pending before the Special Judicial II C Magistrate, Srikakulam, the President of 3rd respondent insisted petitioner to depose against the Assistant Labour Officer and as he d do so, the petitioner was not allowed to attend the duties on 31.5.199 he was directed to come on 1.6.1991 and on 1.6.1991 when he went office, he was forced to write a letter at the dictation of the President i.e 3rd respondent and after taking the said letter, he was not allowed to a the duties. Hence, the petitioner made a representation to the Ass Labour Officer, Srikakulam, who conducted a joint meeting and advise to file an appeal under section 48(1) of the A.P. Shops and Establish Act, 1948. Accordingly, the petitioner filed an appeal before the respondent. After an elaborate enquiry, the 2nd respondent allowe appeal by order dated 5.5.1999 and directed the 3rd respondent to rein him into service with backwages. Aggrieved by the same, the 3rd respo filed second appeal before the 1st respondent, who modified the order 2nd respondent and directed the 3rd respondent to pay sum of Rs.30,00 compensation instead of reinstatement. Hence, the petitioner filed present writ petition. Heard the learned Counsel and perused the material availab record. The case of the 3rd respondent-management is that the peti misappropriated the sale proceeds of 91 Forms on different dates bet 27.7.1990 to 10.5.1991. The learned Counsel for the petitioner contended that the app authority having found that it is only a clerical mistake, has rightly set the termination order. It is brought to the notice of the Court that the enquiry is cond during the pendency of the matter before the first appellate authority. however, it has come to light that there is misappropriation from the re and that the management has proved misappropriation of Rs.225/-o part of the petitioner. In the above circumstances, even if it is sought to be raised th enquiry is not in conformity with Rule 20 of A.P. Shops and Establishm Rules, it has to be held that the petitioner is subjected to enquiry and a stage, he is not entitled to question the enquiry. Apart from that, th remains that the misappropriation of the amount has been proved to a of Rs.225/- and the management failed to establish the misappropriat 91 Forms, which amounts to Rs.2000/-. Under the above circumstances as it is a case of misappropr this Court is not inclined to interfere with the order of the 2nd app authority. Accordingly, the writ petition is dismissed. No order as to costs. _____________________ Justice T.Meena Ku Date:12.08.2010 NN HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:5765 OF 2000 DATE:12.8.2010.