ANDHRA PRADESH STATE HANDLOOM WEAVERS CO OPERATIVE SOCIETY LTD Vs. INDUSTRIAL TRIBUNAL CUM LABOUR COURT VISAKHAPATNAM

JUDGEMENT

(1.) The Writ petition is filed challenging the order of the 1st respondent in S.ANo. 4/89 dt. 13-11-90.

(2.) The facts in nut-shell are that the services of the third respondent were terminated by the Management. Aggrieved by the said termination, workman/3rd respondent filed an appeal in A.P.S.E. No. 11/89 under Section 48(2) of the A.P. Shops & Establishment Act, 1988. The Appellate Authority by its order dated 2-9-1989 granted the relief of re-instatement with full back wages. Against the said order of the Appellate Authority, the Management filed S.A.No. 4/89 under Section 48(3) of the said Act The learned second Appellate Authority dismissed the second appeal on the ground that the Management has not complied with the conditions contemplated under Section 48(3) of the said Act. Therefore, the Writ Petition has been filed by the Management assailing the order of the 2nd appellate authority.

(3.) The learned counsel for the Management i.e., Writ-petitioners submits that the 1st respondent/2nd Appellate Authority erred in dismissing the second Appeal for non-observance of the conditions laid down in Section 48(3) of the Act. The appeal ought to have been returned for compliance of the provisions contained in the said provision but he had dismissed the same. Secondly, he also submits that even on the merits, the 2nd Appellate Authority held that the order of the 1st Appellate Authority is not proper. Therefore for these reasons, he prays that the writ petition has to be allowed and the appeal has to be remanded back to the 2nd Appellate Authority for fresh disposal.