PULIMERU LARGE CALE CO OPERATIVE SOCIETY LTD Vs. AUTHORITY APPOINTED UNDER SECTION 48 OF THE A P SHOPS AND ESTABLISHMENTS ACT 1988 AND ASSISTANT COMMISSIONER OF LABOUR RAJAHUNDRY E G DISTRICT

JUDGEMENT

(1.) THE 2nd respondent was employed as a Clerk in Gorinta Primary agricultural Co-operative Society. His services were terminated on 5. 7. 2004, as a measure to comply with the requirement under Section 116-C of the A. P. Co-operative societies Act. One year thereafter, the said society was merged with the pulimeru Large Scale Co-operative Society limited (for short 'the Society' ).

(2.) THE 2nd respondent approached the authority, under Section 48 of the A. P. Shops and Establishments Act, 1988 (for short 'the act'), 1st respondent herein, with an appeal against the order of termination and the same was taken up as A. P. S. E. Case No. 7 of 2005. The 1st petitioner entered appearance, but did not participate in the proceedings throughout. The authority set the petitioner ex parte and ultimately, an ex parte order was passed on 25. 8. 2006, directing reinstatement of the 2nd respondent with full back wages.

(3.) THE petitioners filed an application being A. P. S. E. Case No. 5 of 2007 before the authority, with a prayer to set aside the ex parte order. Since there was delay of 13 months. in filing the application, they made a prayer to condone the same. The application was resisted by the 2nd respondent Through its order, dated 21. 2. 2008, the authority dismissed the application. Hence, this writ petition.