THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.23148 of 2000 Date:02.12.2010 Between: T.Krishna .. Petitioner And The Depot Manager, APSRTC, Zaheerabad Depot, Medak District and others .. Respondents ORDER: This writ petition is filed with the following prayer: “To issue an order or direction more particularly one in the nature of writ of mandamus declaring the order passed by the Hon’ble Labour Court-II made in M.P.No.11/97 dated 17.02.1999 as illegal, arbitrary and beyond the competency and contrary to the orders passed by his predecessor on 8th July, 1998 and further direct the respondents to implement the order dated 08.071998 made in M.P.No.11/97 by filing the calculation sheet and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” The case of the petitioner, in brief, is that the petitioner, who was working as a driver in the respondent – Corporation, filed an application under Section 33 (C) (2) of the Industrial Disputes Act, 1947 before the Labour Court – II for payment of certain amount. The same was numbered as M.P.No.11 of 1997 and after hearing the matter, the then Presiding Officer passed a detailed order on 08.07.1998. In the last paragraph of the said order, the Presiding Officer observed as follows: “In the result, the petition is allowed partly directing the respondents to pay difference in wages from 01.07.92 to 23.10.92 full wages from 24.10.92 to 9.08.93, difference in wages from 10.8.93 to 21.9.93 and full wages from 22.9.93 to 10.95.94 on part with regular driver Grade-II of the respondents and thereafter the difference in wages from 8.6.94 till the date of petition on par with salary of the Grade-II, driver, appointed on regular basis. For filing fresh calculation memo call on 15.07.1998”. It appears, the said learned Presiding Officer was transferred and in his place another Presiding Officer was posted. The latter reopened the matter and passed another order, dated 17.02.1999, partly allowing the said M.P. Aggrieved of the same, the petitioner filed the present writ petition. Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents. After careful consideration of the entire material on record, this Court is of the view that when once the said M.P. was heard and a final order was passed, it is not known as to why the other Presiding Officer has reopened the matter and passed a separate order on 17.02.1999. When no review application is filed and when once an order is passed, it is not appropriate on the part of the learned Presiding Officer to reopen the matter and pass another order partly allowing the M.P. Therefore, the order passed by the learned Presiding Officer on 17.02.1999 has to be set aside. In the circumstances, this Court has no hesitation to come to the conclusion that the order passed by the Presiding Officer, Labour Court-II, dated 17.02.1999, is illegal. Hence, the writ petition is allowed and the order dated 17.02.1999 passed in M.P.No.11 of 1997 by the Labour Court – II, Hyderabad, is set aside. There shall be no order as to costs. ________________________________ GOPALA KRISHNA TAMADA, J 02.12.2010 KH