IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION Nos.27111 and 30495 of 1998 WRIT PETITION No.27111 of 1998 Between: M/s Venkatesa Talkies Rep: by its Proprietor, Sri B.V Raju Narayanaguda, Hyderabad ..... PETITIONER AND 1 The 2nd Appellate Authority Rep: by Presiding Officer Authority under AP Shops & Establishments Act cum Labour Court, Chandravihar Complex, Hyderabad 2 The Appellate Authority U/s 41 of AP Shops & Establishments Act Circle II, Hyderabad 3 Sri Babu Singh C/o Sri C.Suryanarayana Rao H.No.6-1-119/5, Padmarao Nagar, Secunderabad. .....RESPONDENTS 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 issue notice call for the records and quash the and set aside the Impugned order made in SA 6/98 dt.18-6-98 on the ﬁle of the Hon'ble 2nd Appellate Authority under AP Shops and Establishment Act cum the Presiding Oﬃcer, Labour Court - I, Hyderabad consequently quash and set aside the order made by the appellate authority U/s 41 of AP Shops and Establishment Act Circle II Hyderabad in S.C.No.1832/80 dt.7-11-87 by issuing Writ of Certiorari or any other appropriate Writ or order direction and to grant such other relief of reliefs as the petitioners as entitled in the circumstances of the case and to allow the Writ Petition with costs. Counsel for the Petitioner:MR.P.NAGESWAR SREE Counsel for the Respondents: GP FOR LABOUR WRIT PETITION NO : 30495 of 1998 Between: Babu Singh, S/o Shanker Singh, R/o Chat Mahal, Hyderabad. ..... PETITIONER AND 1 M/s Venkatesh Talkies Rep. by Prop: B.V. Raju Nayanaguda. 2 The Second Appellante Authority A.P. Shops Establishment Act -Cum- Labour Court No.I, Chandravihar Complex, Hyderbaad. 3 The Appellante Authority U/s 41 of A.P. Shops & Establishment Act, Circle No. II, Hyderabad. .....RESPONDENTS 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 issue Writ of Certiorari or any other appropriate Writ order or direction by calling for records in S.A.No. 6/98 dt:18.6.1998 of the second Respondents second appellant authority Under A.P. Shops and Establishment Act Cum the Presiding Oﬃcer, Labour Court- I, Hyderabad and quash and set aside Judgment dt:18.6.1998 S.A. No. 6/98 and conﬁrm/restore the order of the 3rd respondent herein/appellant authority U/s 41 of A.P. shops and establishment Act, Circle No. II Hyderabad in Case S.E.No. 1832/80 dt:7.11.1987 reinstating the petitioner with full back wages and all other attendant beneﬁts and grant 18% interest per annum from 13.7.1978 till the date of payment and grant to such other relief or reliefs as the petitioner is entitled to under the circumstances of the case. Counsel for the Petitioner:MR.C.SURYANARAYANA RAO Counsel for the Respondents : MR.P.NAGESWAR SREE The Court made the following : THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION Nos.27111 and 30495 of 1998 COMMON ORDER: These two writ petitions are ﬁled, aggrieved by the order, dated 18.06.1998, passed by the second appellate authority i.e., Labour Court-I, Hyderabad, in S.A.No.6 of 1988. 2. The parties herein are referred to as arrayed in W.P.No.27111 of 1998. 3. The petitioner is the management and the third respondent is the workman. As a disciplinary measure, the third respondent was removed from service, by order, dated 11.06.1980. Questioning the same, he has approached the Assistant Commissioner of Labour, Hyderabad, in Case No.SE/1832/1980, under the A.P. Shops and Establishments Act. The ﬁrst appellate authority, through order, dated 07.11.1987, allowed the appeal directing the management to reinstate the third respondent with back wages. Aggrieved thereby, the management preferred an appeal before the Labour Court-I, Hyderabad, in S.A.No.6 of 1988. The Labour Court, through the impugned order, dated 18.06.1998, dismissed the appeal awarding a compensation of Rs.40,000/-, in lieu of reinstatement. Challenging the same, these two writ petitions; one by the management and the other by the third respondent-workman, are filed. 3. However, it is submitted by the learned counsel for the parties that during the pendency of these writ petitions, there was amicable settlement between the management and the workman, and the management has agreed for payment of Rs.1 lakh, which was also reduced into writing, and both parties have ﬁled a joint memo, dated 11.11.2008, to that eﬀect. It is submitted that as per the settlement, an amount of Rs.80,000/- has already been paid by the management, and the workman has received the same. It is stated that the remaining amount of Rs.20,000/- is deposited before the second appellate authority, vide challan No.07241, dated 12.10.1998, pursuant to the conditional stay granted by this Court in W.P.M.P.No.32962 of 1998 in W.P.No.27111 of 1998, dated 25.09.1998, and the workman is entitled to withdraw the same. 4. In view of the joint memo ﬁled by the parties, both the writ petitions are disposed of, in terms of the settlement, dated 11.11.2008. As it is stated that the third respondent-workman has already received a sum of Rs.80,000/- out of Rs.1,00,000/-, it is made clear that he is entitled to withdraw the remaining amount of Rs.20,000/-, which is lying with Labour Court-I Hyderabad, without furnishing any security. No costs. _____________________ R.SUBHASH REDDY, J Dt.12.11.2008 GJ