HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION No. 4150 OF 2000 Thursday, the Eighth day of July, Two Thousand and Ten Between The Managing Director, A.P. Co-Op. Central Agricultural Development Bank Ltd., (now called as the A.P. State Co-Op. Bank Ltd., Troop Bazar, Hyderabad-1 Petitioner AND The Second Appellate Authority Under the A.P. Shops & Establishments Act-and- Deputy Commissioner of Labour, Anjaiah Bhavan, RTC ‘X’ Road, Hyderabad and others Respondents THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION NO. 4150 OF 2000 ORAL ORDER: The order dated 31.12.1999 passed in S.A. No. 4 of 1999 by the first respondent setting aside the order dated 9.3.1999 passed in S.E. No. 29 of 1994 by the second respondent and directing the writ petitioner to deposit wages for the period from 21.4.1994 to 9.3.1999 within fifteen days, is assailed in this writ petition. The third respondent was employed as a Watchman-cum-Attender in the petitioner bank and for dereliction of duties, he was charge sheeted and in culmination of the domestic enquiry he was found guilty and accordingly punished with the stoppage of one grade increment without cumulative effect for six months was ordered. However, the same was proposed to be reviewed by the Appointment Committee and a show cause notice dated 11.8.1992 was issued and on receipt of the explanation from the workman, having regard to the gravity of the charges, punishment of dismissal from service was imposed by order dated 17.2.1994, which was assailed by the workmen in departmental appeal. However, the same was rejected by order the dated 30.4.1994. The workman, thereafter, preferred an appeal in SE No. 29 of 1994 before the second respondent. Pending appeal before the second respondent, the workman died on 15.12.1995. Subsequent to the demise of the workman, the second respondent by order dated 9.3.1999 has directed the petitioner to provide suitable employment to his widow apart from a direction to pay 50% of the back wages, which he would have drawn had he been alive. Aggrieved by the said order, the petitioner preferred Second Appeal being SA No. 4 of 1999 and the first respondent by the order impugned herein, while setting aside the order of the second respondent to the extent of providing employment to the widow of the workman, directed payment of wages during the pendency of the appeal i.e. from 21.4.1994 to 9.3.1999. Aggrieved by the said judgment, the present writ petition is filed inter alia contending that when the workman had died on 15.12.1995, the question of paying wages after 15.12.1995 does not arise. The date of death of the workman as 15.12.1995 is not in dispute. So also, the finding of guilt recorded by the Enquiry Officer had been tested in appeals before the departmental appeal and appeals before the first and second respondents herein. Therefore, in the facts and circumstances of the case, the finding of the first respondent to deposit the wages from 21.4.1994 to 9.3.1999 before the Appellate Authority, does not fit in, inasmuch as the workman died on 15.12.1995. Therefore, the order impugned herein is modified directing the petitioner herein to deposit the wages from 21.4.1994 to 15.12.1995 before the appellate authority, as ordered by the first respondent, which in turn shall be paid to the L.Rs. of the deceased workman. With the above modification in the order impugned, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari July 8, 2010 MAS