MANDAL PARISHAD DEVELOPMENT OFFICER Vs. KOTHAPALLI YESAYYA

JUDGEMENT

(1.) THIS Writ Appeal arises out of the order dated 17.02.2012 passed by the learned Single Judge in W.P.No.1968 of 2008.

(2.) THE first respondent herein (for short the respondent) is said to have been engaged as NMR to work as a water boy in the first appellant organization, in the year 1997. On 31.03.2001, he was said to have been informed not to attend the duties w.e.f. 01.04.2001. Accordingly, he stopped working in the first appellant organization.

(3.) THE respondent filed I.D.No.54 of 2003 before Labour Court, Guntur, under Section 2(A)(2) of the Industrial Disputes Act, 1947 (for short the Act), complaining that he was terminated from service in contravention of Section 22 -F of the Act. It was pleaded that neither any compensation was paid nor any notice was issued. The appellants opposed the I.D by filing counter. According to them, there were about four regular Attenders in the office and there is no scope or necessity to have another person for discharging those very duties. It was also pleaded that he was never engaged as Attender by the competent authority and the question of reinstating him does not arise. Through its award dated 28.02.2007, the Labour Court found that the retrenchment of the respondent from service was contrary to Section 25 -F of the Act. However, in the context of granting relief, the Labour Court felt it appropriate to award a sum of Rs.15,000/ - in lieu of reinstatement.