SATHA BANAIAH Vs. THE COLLIERY MANAGER

JUDGEMENT

(1.) THIS writ appeal is filed against the order dated 04 -12 -2012 passed by the learned single Judge in W.P. No. 19957 of 2005. The facts, in brief, are as under:

(2.) AGGRIEVED by the order of removal, the appellant filed I.D. No. 62 of 2004 before the Industrial Tribunal -cum -Labour Court, Godavarikhani, under Section 2 -A(2) of the Industrial Disputes Act (for short 'the Act'). He pleaded that the duties entrusted to him were onerous, and on account of the same, he suffered ill -health and that the order of removal is contrary to law. The I.D., was opposed by the respondents. Through its award dated 12 -04 -2005, the Labour Court partly allowed the I.D. The order of removal was set aside and the respondents were directed to reinstate the petitioner into service as Tyndal as a fresh candidate, on production of physical fitness certificate, issued by a Medical Board. It was also directed that he shall be kept under observation for a period of one year and if he remains absent, during that period, it shall be open to, the respondents to take action.

(3.) HEARD Sri S. Satyam Reddy, learned Senior Counsel for the appellant and Sri Nandigama Krishna Rao, learned Standing Counsel for the respondents.