IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 11125 of 1999 Between: INS KALINGA Rep. by its Commanding Officer, Chepala Uppada Post, Bheemunipatnam Mandalam, Visakhapatnam District-531 163. ..... PETITIONER AND 1 Vasupalli Polamm, D/o Yerranna, Chepala Uppada, Bheemunipatnam Mandal, Visakhapatnam District 2 The Industrial Tribunal-cum-Labour Court, Visakhapatnam, Rep. by its Presiding Officer. .....RESPONDEN(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a direction, order or Writ more particularly one in the nature of Certiorari calling for records in I.D.NO.568/95 on the Industrial Tribunal-cum-Labour Court, Visakhapatnam and quash the Award dated 18-11-1998 in the said I.D. and pass Counsel for the Petitioner:MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: The petitioner filed this Writ Petition under Article 226 of Constitution of India, questioning the award dated 18.11.1998 passed in I.D. No.569 of 1995 by the Industrial Tribunal-cum-Labour Court, Visakhapatnam, whereby the retrenchment of respondent No.1 was set aside and the petitioner-management was directed to reinstate the petitioner with back wages and continuity of service and also to pay an amount of Rs.500/- towards costs. 2. The brief facts are that respondent No.1 herein claimed to have worked as a casual worker, hospital Aaya and office attendant in INS Kalinga, Bheemunipatnam, i.e., petitioner herein, raised a dispute stating that she was appointed on 15.07.1988 and she was getting Rs.350/- per month and without notice and without following the procedure provided for under Section 25F of Industrial Disputes Act, her services were terminated. The Industrial Tribunal-cum- Labour Court numbered the same as I.D. No.568 of 1995 and after considering the oral and documentary evidence, held that she is a workman comes within the purview of Section 2(O) of Industrial Disputes Act and accordingly allowed and passed an award holding that her retrenchment is illegal and however, directed the management to reinstate her with back wages and continuity of service. 3. While Rule Nisi was issued in this writ petition, this Court on 30.07.1999 granted interim suspension of the said award subject to compliance of Section 17-B of the Industrial Disputes Act. 4. Heard. 5. The contention of the learned counsel for the petitioner is that she worked only for a period of 79 days during the period from October, 1994 to February, 1995 and she was paid daily wages from non-public funds. In my considered view, the said contention cannot be accepted for the reason that she was paid salaries in the years 1992 and 1993. Exs.W-4 to W-11 are marked as pay slips, which were issued to respondent No.1 by the petitioner during the years 1992 and 1993. If really it is a fact that she worked only for a period of 79 days during the period from October, 1994 to February, 1995, the question of issuing pay slips i.e., Exs.W-4 to W-11 will not arise. 6. Further, respondent No.1 produced three service certificates as Exs.W-1, W-2 and W-3 to the effect that she was appointed as an Aaya or casual worker or office attendant from 15.07.1988 onwards. The said certificates are from three responsible officers of the petitioner herein. The service certificates coupled with the pay slips clearly established that the petitioner availed the service of Respondent No.1 from the year 1988 to 1995 i.e., for a period of Seven years. When such is the case, terminating her services without following due procedure, in my considered view, is contrary to law. 7. Accordingly, this Writ Petition is dismissed, upholding the award dated 18.11.1998 in I.D. No.568 of 1995 passed by the Chairman, Industrial Tribunal-cum-Labour Court, Visakhapatnam. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J Dated June 16, 2009 KSH