BRAHMANDAM PANDURANGA RAO Vs. GTC INDUSTRIES LIMITED

JUDGEMENT

(1.) This Writ Appeal filed by the 1st respondent employee is directed against the order of the learned Single Judge remanding the proceedings to the second appellate authority under the A.P. Shops and Establishments Act, 1988 (for short 'the Act').

(2.) The appellant while serving as Supervisor in the establishment of the 1st respondent company, a departmental enquiry was initiated against him on certain alleged mis-conduct and after conducting the enquiry, he was dismissed from service by the Manager (Administration) of the 1st respondent company vide his proceedings dated 18.10.1982. The appellant-writ petitioner being aggrieved by the said order preferred an appeal to the Assistant Commissioner of Labour, the first appellate authority under the Act. The first appellate authority dismissed the appeal by his order dated 21.10.1988. That lead to the appellant preferring the Second appeal to the Deputy Commissioner of Labour who passed the order dated 13.2.1995 allowing the appeal and setting aside the disciplinary action taken by the Manager (Administration) of the 1st respondent company. The Management of the 1st respondent company being aggrieved by the said order of the second appellate authority preferred W.P. No. 26977 of 1995.

(3.) At this stage itself, a development that has taken place during the interregnum may be noticed. After the second appellate authority disposed of the appeal on 13.2.1995 in favour of the appellant-employee, the Management submitted an application before the second appellate authority seeking certain clarification. The relevant portion of the application is as follows :