IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.448 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 12.02.2008 in W.P.No.27604 of 1997 on the file of the High Court.) Between: Smt. Kantha Devi D/o Late Chatter Singh R/o 22-4-192, Sulthan Shahi, Hyderabad. .....Appellant And 1. The Commissioner, Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad. 2. The Presiding Officer, Labour Court-I, Chandravihar Buildings, M.J. Road, Hyderabad. .....Respondents Counsel for the appellant : Sri V. Hari Haran Counsel for respondent No.1 : Sri R. Ramachandra Reddy The Court passed the following: JUDGMENT: (per Anil R. Dave, C.J.) Being aggrieved by the order passed in Writ Petition No.27604 of 1997, dated 12th February, 2008, this appeal has been filed by respondent No.1 in the petition. The facts giving rise to the appeal in a nutshell are as under: The appellant procured employment on compassionate ground under respondent No.1 Municipal Corporation because the father of the appellant, while in service, had expired. It appears to be an admitted fact that the appellant has two brothers who are employed by respondent No.1 Corporation. The policy with regard to compassionate appointment to be given under respondent No.1 is governed by an order dated 28th August, 1978. The relevant paragraph reads as under: “The candidates eligible for appointment under this measure shall be the spouse of the deceased municipal employee or the dependent children of the deceased municipal employee who died in harness, there being no other earning member in the family.” When it was reported to respondent No.1 employer that the appellant had two brothers, who were employed by the Corporation, her services had been terminated. Being aggrieved by the order of termination of service, the appellant had approached the Labour Court under the provisions of the Industrial Disputes Act, 1947. After considering the facts of the case, the Labour Court, by an award dated 12th November, 1996, directed reinstatement of the appellant with 50% of the back wages. Being aggrieved by the award, respondent No.1 employer filed Writ Petition No.27604 of 1997. The learned Single Judge considered the fact that the two brothers of the appellant had already been employed by respondent No.1 Corporation and, therefore, he came to the conclusion that the appellant procured employment by suppression of facts as she was having two earning members in the family. The petition was, therefore, allowed and the award made by the Labour Court was set aside. Being aggrieved by the afore-stated order passed by the learned Single Judge, the appellant has approached this Court. We have heard the learned Advocates for the parties. It is not in dispute that the two brothers of the appellant are in service and, therefore, it cannot be said that there was no other earning member in the family of the deceased. The submission made by the learned Advocate for the appellant that the brothers were staying separately is not relevant. Apart from that, at the time of deposition, the mother of the appellant had stated before the Labour Court that all the children and the widowed mother were staying together. For the afore-stated reasons, the learned Single Judge came to the conclusion that employment was procured by the appellant on compassionate ground by suppressing the material facts and, therefore, we are of the view that the order passed by the learned Single Judge is just and proper. We do not find any illegality committed by the learned Single Judge and, therefore, the appeal is dismissed with no order as to costs. ANIL R. DAVE, C.J. 30th April, 2008 R.SUBHASH REDDY, J. ….REGISTRAR To 1. The Commissioner, Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad. 2. The Presiding Officer, Labour Court-I, Chandravihar Buildings, M.J. Road, Hyderabad. 3. Two copies to the Govt. Pleader for Labour, High Court Buildings, Hyderabad (OUT). 4. Two C.D. copies. ARS