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2025 DAILYLAW 29721 (AP)

THE MUNICIPAL ENGINEERING EMPLOYEES ASSOCIATION v. THE INDUSTRIAL TRIBUNAL CUM LABOUR COURT

WP/22121/2025 · 2025-08-20

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010426062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) . ['iA*'' 4" THURSDAY, THE TWENTY FIRST DAY OF AUGUS^F J TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22121 OF 2025 Between: The Municipal Engineering Employees Association, Dharmavaram Municipality, Dharmavaram, Satya Sai District, Rep.by its President G.Obulapathi, S/o. G.Obulesu, aged about 55 years. ...Petitioner AND 1. The Industrial Tribunal Cum Labour Court, Ananthapuram, rep.by its Presiding Officer. 2. Dharamavaram Municipality, Dharmavaram, Satya Sai District, Rep. By its Commissioner. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 1®' Respondent - Court in refusing to entertain the dispense with petition for filing the certified copy of the award in ID No.308/2003 (however Xerox copy of the award in ID No.308/2003 is filed) is illegal, arbitrary and voilative of the principles of natural justice and further direct the 1®’ Respondent - Court to entertain the Execution Petition filed by the petitioner vide SR No.EP.635/2025 in ID No.308/2003 dt.27.5.2025. ,T-- lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 1®* Respondent-Court to entertain the Execution Petition filed vide SR No.EP.635/2025 In ID No.308/2003 dt.27.5.2025 on filing the Dispense with Petition for filing of the Certified copy, pending final disposal of the writ petition. Counsel for the Petitioner: SRI P. RAGHAVENDRA REDDY Counsel for the Respondent No.1 : GP FOR SERVICES II Counsel for the Respondent No.2 : SRI S. SIVA SHANKAR RAO, SC FOR MUNICIPALITY The Court made the following order: APHC010426062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22121/2025 Between: 1.THE MUNICIPAL ENGINEERING EMPLOYEES ASSOCIATION, , DHARMAVARAM MUNICIPALITY, DHARMAVARAM, SATYA SAI DISTRICT, REP.BY ITS PRESIDENT G.OBULAPATHI S/O G.OBULESU, AGED ABOUT 55 YEARS. ...PETITIONER AND 1.THE INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ANANTHAPURAM, REP.BY ITS PRESIDING OFFICER. DHARAMAVARAM COMMISSIONER, MUNICIPALITY, DHARMAVARAM, SATYA SAI DISTRICT. 2.THE ...RESPONDENT(S); Counsel for the Petitioner: 1.P RAGHAVENDRA REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: 2 O THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22121 OF 2025 ORDER:- In the present writ petition the Petitioner is questioning the endorsement dated 27.05.2025 in E.P.(S.R.) No.635 of 2025 in I.D.No.308 of 2003 passed by the Industrial Tribunal-cum-Labour Court, Anantapur. The Petitioner-Association had filed I.D.No.308 of 2003 seeking for regularization of their services. I.D.No.308 of 2003 was allowed by the Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Anantapur vide award dated 14.11.2008. The said award was confirmed by this Court in W.P.No.19483 of 2011 dated 29.03.2022. 2. After the award was passed, the Petitioner had filed E.P.No.26 of 2010 in I.D.No.308 of 2003 for execution of the award. The said E.P.No.26 of 2010 was closed in view of the pendency of the writ petition at that point of time. 3. Subsequent to the dismissal of the writ petition, the Petitioner filed a fresh E.P.(S.R.) No.635 of 2025 for executing the award and also sought for dispensing with certified copy of the award in I.D.No.308 of 2003. The Labour Court had returned the E.P. directing the Petitioner to file original award or certified copy of the award vide endorsement dated 27.05.2025. Questioning the same, the present writ petition is filed. \ 4. Learned counsel for the Petitioner would submit that E.P.No.26 of 2010 in I.D.No.308 of 2003 was filed along with certified copy and the same is in the record of the Labour Court and therefore, insisting the Petitioner to again file certified copy at this length of time is not warranted. Considering the submissions of the learned counsel for the Petitioner, the Writ Petition is disposed of directing the Industrial Tribunal-cum-Labour Court, Anantapur to number E.P.(S.R.) No.635 of 2025 in I.D.No.308 of 2003 without insisting of certified copy of the award in i.D.No.308 of 2003 dated 14.11.2008. There shall be no order as to costs. 5. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M. HAGAMfAA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Presiding Officer Ananthapuram. The Commissioner, Dharamavaram Municipality, Dharmavaram, Satya Sai District. One CC to Sri P. Raghavendra Reddy, Advocate [OPUC] Two CCs to GP for Services II, High Court of Andhra Pradesh [OUT] One CC to Sri S.Siva Shankar Rao, SC for Municipality (OPUC) Two CD Copies Industrial Tribunal Cum Labour Court, 2. 3. 4. 5. 6. Cnr / HIGH COURT DATED:21/08/2025 ORDER WP NO. 22121 OF 2025 ^ 1 I SEP 2025^" C? i DISPOSING OF THE W.P. WITHOUT COSTS