ANDE LINGAIAH Vs. STHE SINGARENI COLLIERIES COMPAN LTD

JUDGEMENT

(1.) This writ petition is filed seeking the following relief:

(2.) Heard Sri P. Sridhar Rao, learned counsel for the petitioner and Sri Nandigam Pattabhi Rama Rao, learned Standing Counsel for respondents.

(3.) Learned counsel for the petitioner submits that during the year 1973, the District Employment Exchange officer sponsored the petitioner's name to respondent company for consideration for appointment for the post of Badli worker and he was accordingly appointed as a Badli worker vide proceedings No.DPO/RG/73/838 dtd. 10/7/1973 along with others. At the time of appointment the petitioner's age was 18 years and his date of birth was recorded in the District Employment Exchange as 10/6/1955. He further submits that the petitioner is an illiterate and basing on the statement given by him the date of birth was recorded as 10/6/1955. He further submits that during his tenure the respondent corporation has issued charge sheet on 7/11/1986 on the ground that the petitioner committed a theft and the respondent company after conducting denovo enquiry dismissed the petitioner from services by its order dtd. 13/5/1987. Questioning the said order the petitioner filed W.P.No.11848 of 1987 and the same was dismissed as withdrawn on 21/12/1989 granting liberty to the petitioner to avail alternative remedy. At that stage the petitioner raised dispute invoking the provisions of 2-A(2) of Industrial Dispute Act, 1947 before labour Court, Godavarikhani and the same was dismissed on 12/11/1992 on the ground of jurisdiction. Thereafter, the petitioner raised the dispute i.e, L.C.I.D.No.1 of 2001 before Central Industrial Tribunal - cum- Labour Court, Hyderabad. The Industrial Tribunal was pleased to pass award invoking the provisions of Sec. 11 A of act by setting aside the dismissal order dtd. 13/5/1987 and directed the respondent to reinstate the petitioner into service as Mazdoor on the pay scale as available on the date of absent of the award. However, the petitioner is not entitled for backwages, seniority etc. Pursuant to the said award the petitioner was reinstated into services on 26/3/2002.