HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. DURGA PRASAD W.A.No.139 of 2011 Date: 23-03-2011 Between: Sri Boga Nanda Kishore ……. Appellant and M/s. Singareni Collieries Company Limited and others ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE P. DURGA PRASAD W.A.No.139 of 2011 ORDER: (Per BPR, J) Heard both sides. At their request the main writ appeal itself is taken up for disposal. The appellant, who is an employee of the respondent-company, filed the writ petition before the learned single Judge inter alia, seeking to assail the proceedings, dated 08-07-2009 directing him to vacate the premises. The learned single Judge, after considering the facts and circumstances of the case, dismissed the writ petition. Hence, the Appeal. Admittedly the appellant was dismissed from service as per the orders, dated 09-07-2009 w.e.f. 13-07-2009 on the allegations of unauthorised absence from duty and also disobedience of the instructions of the superiors. The appellant has also carried the matter by way of a dispute in L.C.I.D.No.61 of 2009 before the Central Government Industrial Tribunal-cum-Labour Court, Hyderabad, and the same is pending. However, the learned counsel appearing for the appellant submitted that the appellant has already filed an appeal on 15-07-2009 before the Chairman and Managing Director of the respondent-company against the order of dismissal from service and till the disposal of the appeal and also the L.C.I.D., the appellant may be continued in the premises. The learned Standing counsel appearing on behalf of the respondent-corporation submitted that there is no such appeal filed by the appellant and further the main L.C.I.D. is still pending consideration. The appellant is unable to produce any proof in regard to the filing of such appeal on 15-07-2009. In the absence of any such proof, it cannot be said that such appeal or any proceedings are pending with the respondents. Admittedly as the proceedings are pending consideration in the said L.C.I.D., it is always open for the appellant to substantiate the same. In view of the same and especially on the face of the dismissal order, which is basing on the serious allegations, we do not find any ground to show any indulgence in favour of the petitioner. There are no merits in this appeal. The writ appeal is, accordingly, dismissed. However, it is needless to mention that the said L.C.I.D. shall be disposed of on merits, in accordance with law, uninfluenced by any of the observations made in these proceedings. No order as to costs. _________________ B. PRAKASH RAO, J __________________ P. DURGA PRASAD, J Date: 23-03-2011 YCR