HONOURABLE SRI JUSTICE A. GOPAL REDDY WRIT PETITION No:5102 OF 2000 Dated: 25.11.2010 Between: The Divisional Engineer (Operation), APSEB, Kakinada, E.G.District ..Petitioner And 1. The Industrial Tribunal-cum-Labour Court, Visakhapatnam and another. .. Respondents This Court made the following HONOURABLE SRI JUSTICE A. GOPAL REDDY WRIT PETITION No:5102 OF 2000 ORDER: This writ petition is filed challenging the award passed by the 1st respondent in I.D.No.238 of 1996, dated 4.11.1999. A reference was made by the State Government under section 10(1) (c) of the Industrial Disputes Act on a dispute raised by the General Secretary, ARPE Union, Eluru Branch on behalf of the workman-2nd respondent herein, as follows: “Whether the action of Divisional Engineer, Electrical Operation, APSEB, Kakinada is justified in imposing the following punishment to the workman-V. Apparao, helper: (1) Deferment of annual grade increment for a period of one year with cumulative effect and (2) Treating the suspension period as not on duty, if not, what relief the workman is entitled to? On that, the 1st respondent-Tribunal passed the impugned award and answered the reference in favour of the workman. It was observed by the Industrial Tribunal that the punishment imposed against the workman is unsustainable and for the suspension period also, the workman is entitled to wages as per the rules. Aggrieved by the same, the present writ petition has been filed by the Management. The material on record goes to show that the present writ petition has been dismissed for default as against the 2nd respondent- workman, on 10.9.2003 as the petitioner failed to comply with the office objections as to the Batta due with a petition and detailed address of the 2nd respondent-workman. It appears that even as on today, no steps have been taken by the writ petitioner to file any application to set aside the said default order. In view of the above circumstances and in the absence of the 2nd respondent, no relief can be granted in this writ petition. Accordingly, the writ petition is dismissed. No order as to costs. ________________________ Justice A. Gopal Reddy Date: 25th November, 2010 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY WRIT PETITION No:5102 OF 2000 25.11.2010