IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 598 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 18/08/2008 in WP NO : 27615 OF 2005 on the file of the High Court.) Between: I.S.K.Raju, S/o. I.Satyanarayana Raju, R/o. Plot No.9E4, High Court Colony, Vanasthalipuram, Hyderabad. ..... APPELLANT AND 1 The Management of Pokarna Granites Ltd., First Floor 105, Surya Towers, S.P.Road, Secunderabad, Rep by its Manager, P & A .C.H.S.R. Mohan Rao, 2 The Hon'ble Addl. Industrial Tribunal-cum-Addl. Labour - Court 1st Floor, Chandra Vihar Bldgs., Nampally, rep. by its Presiding Officer. .....RESPONDENT(S) Counsel for the Appellant: SRI P.SRIDHAR RAO Counsel for the Respondent No.: MR.K.BHASKAR The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 598 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by the order, dated 18.8.2008 passed by the learned single Judge in WVMP No.2392 of 2008 in W.P.No.27615 of 2005. The appellant herein is the 2nd respondent and the 1st respondent herein is the petitioner in the above writ petition. As can be seen from the material on record, it is apparent that the appellant filed the I.D. before the Tribunal questioning his removal. The Tribunal passed the award holding that the appellant’s removal from service was illegal and therefore, he is entitled to reinstatement into service with continuity of service, with all attendant benefits and full backwages. Challenging the same, the management filed the above writ petition and the WPMP No.35462 of 2005. The learned single Judge granted interim suspension of the award insofar as it relates to the continuity of service and payment of backwages. After a period of three years, the appellant filed the above WVMP seeking to vacate the interim order and dismiss the writ petition. The learned single Judge dismissed the said vacate stay petition. Having aggrieved by the same, the present writ appeal has been filed by the appellant. Heard the learned Counsel and perused the material available on record. The present writ appeal has been filed against the interlocutory order passed by the learned single Judge and the main writ petition is pending. At this stage, the opinion expressed, if any, as to the award passed by the Tribunal, would touch the very merits of the main writ petition. In this view of the matter, we feel that the order of the learned single Judge cannot be interfered with at this stage of the proceedings. Accordingly, the writ appeal is dismissed. No order as to costs. However, in view of the nature of the matter and in view of the fact that the writ petition is of the year 2005, the Registry is directed to post the writ petition on 15.6.2009 for final hearing, after obtaining necessary orders from the Hon’ble The Chief Justice. _________________________ Justice T. Meena Kumari ____________________________ Justice VILAS V. AFZULPURKAR Date: 30th April, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 598 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 30th April, 2009