THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.23019 OF 2000 ORDER: 1 The petitioner approached this court and filed the present writ petition with the following prayer: “For the reasons set out in the accompanying affidavit, it is prayed that this Hon’ble court may be pleased to call for the records from the 1st respondent and issue an appropriate writ, order or direction, particularly one in the nature of writ of Certiorari and quash the order passed by the 1st respondent in M.P.No.27 of 1997 dated 30.08.2000 as illegal, unjust, contrary to law and perverse; and grant all consequential benefits; and pass such other order or orders as deemed fit and proper under the circumstances of the case.” 2 When the second respondent authorities imposed punishment of deferment of two annual increments with cumulative effect by order dated 27.12.1980, the petitioner raised a dispute and the same was numbered as I.D.No.79 of 1993. The Labour Court, having considered the material on record, came to the conclusion that the said punishment i.e. deferment of two annual increments with cumulative effect is unwarranted and accordingly accepted the submissions made by the petitioner and passed an award on 26.10.1995. Despite the same, as the annual increments for the relevant period were not paid, the petitioner filed M.P.No.27 of 1997 and the Labour Court dismissed the said application by order dated 30.08.2000. The same is questioned in this writ petition. 3 Heard both sides. 4 In my considered view, the said order dated 30.08.2000 is incorrect. When once an award was passed holding that the said deferment of two annual increments with cumulative effect was unwarranted and an advocate commissioner was appointed by the Labour Court for calculation of the said amount, the Labour Court ought to have accepted the said report of the advocate commissioner and allowed the said application i.e. M.P.No.27 of 1997. 5 Accordingly, the said order dated 30.08.2000 made in M.P.No.27 of 1997 is hereby set aside and the writ of mandamus is issued directing the 2nd respondent / Management to pay the said arrears as calculated by the advocate commissioner. 6 The writ petition is accordingly allowed. -------------- 25.11.2010 Kvsn