IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY WRIT PETITION NO : 14701 of 1994 Between: 1. Sri Venkateswara Weavers Coop. Production & Sale Society Limited, Tadikonda rep. By its Liquidator, K.Koti Reddy (Assistant Development Officer, Handlooms & Textiles, Guntur. 2. The Assistant Director (Handlooms and Textiles), Guntur, Guntur District. ..... PETITIONER AND 1. Labour Court rep. By its Presiding Officer, Guntur, Guntur District. 2. Sri Ch.Appa Rao, Ex-Manager, Ravela Weavers Coop. Production & Sale Society Limited, Revela, Tadikonda Mandal, Guntur District. .....RESPONDENT 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 a writ of certiorari or any other appropriate writ, order or direction after calling for the records from the 1st respondent relating to the award made in Industrial Dispute No.32 of 1989, dated 11.2.1994 and quash the same and pass such other order or orders. Counsel for the Petitioner : GP FOR INDUSTRIES & COMMERCE Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE The Court made the following : O R D E R: The writ petitioners in the instant writ petition challenged the legality and validity of the award passed by the Labour Court in I.D. No. 32 of 1989, dated 11-02-1994. The second respondent herein admittedly worked as Manager in Ravela Weavers Cooperative Production and Sale Society Limited, Ravela, Tadikonda Mandal, Guntur District (for short ‘Ravela Society’). He joined as workman with a starting salary of Rs.150/- per month. There is also no dispute whatsoever that Ravela Society, subsequently, merged in the 1st petitioner-society vide proceedings No.7-83-AD, dated 24-03-1984. The specific case of the workman was that he was paid up to 31-03-1984 at Ravela Society, and thereafter, he was not provided employment from 01-04-1984 at Tadikonda in the 1st petitioner-society into which his previous employer got merged. The repeated representations made in this regard did not receive any attention. The case set up by the petitioners in the Labour Court was that the workman deemed to be employer under the 1st petitioner- society after the merger, but he failed to report duty in the retained society nor he did approach the authorities until 10-03-1986, when he represented to the Commissioner for Director of Handlooms and Textiles, Hyderabad. It is also his case that the 1st petitioner- society went into liquidation on 04-05-1987, on account of its continuous dormancy, as he did not provide work to the members of the society. It was contended that the workman forfeited his right to claim employment on account of his failure to join in the retained society. In the Labour Court, the workman got himself examined as W.W.1 and marked Exs.W-1 to W-6. On behalf of the Management M.W.1 was examined and Exs.M-1 to M-4 were marked. The Labour Court upon elaborate consideration of the matter rejected the plea taken by the petitioners herein that the workman did not turn up at the 1st petitioner-society after merger. The Labour Court further found that even if it is assumed that he did not turn up, there was no explanation forthcoming from the 1st petitioner-society as to how he, the society kept quite without issuing any show cause notice for such long absence of the workman. However, the Labour Court did not agree with the contention of the workman that the action on the part of the 1st petitioner amounts to retrenchment. However, the Labour Court came to the conclusion that the workman entitled to salary at Rs.150/- per month from 01-04- 1984 to 04-05-1987, on which date the 1st petitioner- society went into liquidation. The findings of fact by the Labour Court is based upon appreciation of both oral and documentary evidence. The award does not suffer from any error apparent on the face of the record requiring any correction as such in the hands of this Court. No case is made out calling for interference of this Court in exercise of its Certiorari jurisdiction. The Writ Petition fails and shall accordingly stand dismissed without costs. 24-06-2004. PV/ MJL ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Presiding Officer, Labour Court, Guntur, Guntur District. 2. Sri Ch.Appa Rao, Ex-Manager, Ravela Weavers Coop. Production & Sale Society Limited, Revela, Tadikonda Mandal, Guntur District. 3. 2 CCs to G.P. for Social Welfare, High Court buildings, Hyderabad(OUT) 4. 2 CD copies