THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.15415 of 1996 Date: 26-3-2007 Between: The Management of Singareni Collieries Co., Ltd., (Project), Godavarikhani, P.P. Godavarikhani, Dist. Karimnagar (AP), Represented by the General Manager, Ramagundam Area-IV. … Petitioner. And 1. The Presiding Officer, Industrial Tribunal-I, Chandra Vihar, M.J.Road, Hyderabad and another. … Respondents. * * * ORDER: This writ petition is filed seeking a Certiorari to call for the records relating to the award made in I.D.No.74 of 1988 dated 16.4.1994 on the file of the Industrial Tribunal-I, Chandra Vihar, M.J. Road, Hyderabad, whereunder the dispute referred to it under Section 10 (1)(d)(2A) of the Industrial Disputes Act, 1947, was answered in favour of the workman and the petitioner-management was directed to reinstate the workman into service with full back wages and all other attendant benefits. 2. There is no necessity of going into all the details. It is an undisputed fact that the Labour Court while deciding the matter as a preliminary issue held that the domestic enquiry is not valid. Therefore, the management and the respondent-workman were permitted to lead evidence. However, after leading evidence the Labour Court instead of relying upon the evidence led in before it, answered the reference on an erroneous conception that since the domestic enquiry was declared as invalid by his predecessor, there is no necessity of going into the merits of the case though fresh evidence was let in before it. This is fatal to the trial expected to be conducted by the Labour Court. On this ground alone the writ petition is liable to be allowed. 3. In the result, the matter is remitted to the Labour Court for reconsideration on the basis of evidence let in before it and passing appropriate orders as per law. After hearing both the parties the Labour Court shall pass an award accordingly as per law within a period of two months from the date of receipt of this order. __________________ (C.V.RAMULU, J.) Date: March 26, 2007. BSB Note: The Registry is directed to dispatch the order itself within one week along with record, if any, received from the Labour Court.