IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) FRIDAY, THE SEVENTH "DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SAtfl WRIT PETITION NO: 1685 OF 2025 Between: Sanagala Venu Gopala Rao, S/o. Anjaneyulu Age about 59 years, Occ: Employee, R/o. D. No. 11-24-96, Bhavannarayana Street, Vijayawada 520 001. ...Petitioner AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary (Labour Department), Secretariat, Amaravati, Velagapudi, Guntur District. The Hon'ble Industrial Tribunal Cum Labour Court, And Special Court for trial of Offenses under ESI Act 1948, Rep. by Chairman cum presiding officer, I.T Cum L.C, Gnt, Guntur, Guntur District. Andhra Foam Centre, Distributors of Sheela Foam Ltd., Represented by Proprietor Sri Lakshmikanth Agarwal. S/o. Siva Datta Roay Agarwal, O/o. 1-3/18-32, Tunuguntlavari Street, Vidyadharapuram, Vijayawada. 2. 3. ...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 a writ, direction, order or orders more particularly one in the nature of Writ of certiorari, call for the records pertaining to award passed by the Respondent no.2 in CFR No. 1396 of 2024 in ID No. of 2024 dated 26-11-2024, in rejecting the petition in the stage of CFR and quash the same by declaring it as illegal, arbitrary, violation of Industrial Disputes Act 1947 and violation of principles of natural justice, violation of Articles 14, 19, 21 and 300 A of the Constitution of India and consequently direct • the Respondents no. 2 to consider the Petitioners petition and register the same by giving registering number to CFR No. 1396 of 2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents no. 2 to consider the Petitioners petition and register the same by giving registering number to CFR No. 1396 of 2024, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. S BALA MOHAN RANGA Counsel for the Respondent Nos. 1&2: GP FOR LABOUR The Court made the following order; APHC010018302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ [3331] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1685/2025 Between: 1.SANAGALA VENUG GOPALA RAO, S/0. ANJANEYULU AGE ABOUT R/0. D. NO. 11-24-96, 59 YEARS, OCC EMPLOYEE, BHAVANNARAYANA STREET, VIJAYAWADA 520 001. ...PETITIONER \ AND 1.THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY (LABOUR DEPARTMENT), VELAGAPUDI,GUNTUR DISTRICT. 2.THE HONBLE INDUSTRIALTRIBUNALCUM LABOUR COURT, AND SPECIAL COURT FOR TRIAL OF OFFENSES UNDER ESI ACT 1948, REP. BY CHAIRMAN CUM PRESIDING OFFICER, I.T CUM LC, GNT, GUNTUR, GUNTUR DISTRICT. SECRETARIAT, AMARAVATI, 3.ANDHRA FOAM CENTRE DISTRIBUTORS OF SHEELA FOAM LTD, REPRESENTED BY PROPRIETOR SRI LAKSHMIKANTH AGARWAL. 1-3/18-32, 0/0. S/0. SIVA DATTA ROAY AGARWAL, TUNUGUNTLAVARI STREET, VIDYADHARAPURAM, VIJAYAWADA. ...RESPONDENT(S): 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 a writ, direction, order or orders more particularly one in the nature ot Writ ot certiorari, call for the records pertaining to award passed by the Respondent no.2 in CFR No. 1396 of 2024 in ID No.... of 2024 dated 26- SRS,J W.P.No.ieSS of 2025 CFR NO. 1396 of 2024 and to pass 11-2024, in no. 2 to registering number to lA NIO: 1 OF 2025 Jr cr.Minn 1 <^1 CPC praying that in the circumstances stated in the“vit filed in support of the disposal of the above writ petition and to pass Counsel for the Petitioner; 1.S BALA MOFIAN RANGA Counsel for the Respondent(S); 1.GP FOR LABOUR The Court made the following: ■: ORDER :: ina the award dated 26.11.2024 in CFR No.1396 of 2024, dated the above writ petition is filed. Impugning 13.11.2024 1.D.NO../2024 Heard learned counsel appearing on either side. 2. under Sub-section (2) of the file of the Industrial Court for the Trial of Offences under 3. The petitioner filed an Industrial Dispute case, Section 2-A of the Industrial Dispute Act, 1947, on Tribunal-cum-Labour Court and Special contended that the petitioner was 01.07.2024, without assailing any dated 23.07.2024. The petitioner also 01.01.1995 and worked 1948, Guntur, wherein, it was ESI Act, terminated orally, by the employer on reasons. The petitioner issued a notice further pleaded that the petitioner was appointed on SRS.J W.P.No.1685 of 2025 up to 30.06.2024. Along with the petition, the petitioner filed a list of documents. By the order impugned, the learned Tribunal, rejected the ID in the SR stage, on the ground that no supporting evidence was filed along with the ID, to prove a prima facie case. It was further observed that the petitioner himself admitted at para Nos.7, 8, 9 & 10 that no record was maintained by the respondent. 4. Learned counsel for the petitioner would submit that the learned Tribunal conducted a roving inquiry, which is impermissible at the time of numbering. Learned counsel placed reliance upon the judgment of Cheruvu Audiseshaiah and Another v. Nagarajapalli Damodara Rao\ 5. The point for consideration is : 6. "Whether the order dated 26.11.2024 in CFR No.1396 of 2024, dated 13.11.2024 I.D.NO../2024 on the file of the learned Industrial Tribunal- cum-Labour Court and Special Court for the Trial of Offences under ESI Act, 1948, Guntur, is legally sustainable?” 7. It is a settled principle of law that at the time of numbering the ID, the Tribunal normally will not embark upon a roving inquiry. It is not the function of the Court/tribunal at the numbering stage to involve itself in the examination of the purported discrepancy in a minute manner and reject the plaint on such ground at the threshold. In the case at hand, the learned Tribunal rejected the ID, filed by the petitioner, on the ground that the petitioner could not file the supporting evidence. As seen from the averments in the ID, it is clear that the petitioner was appointed on 01.01.1995 and worked up to 30.06.2024 in Andhra Foam Centre, Distributors of Sheela Foam Limited. Later, the management, orally. 8. 2024 SCO Online AP 1116 SRS.J •»- W.P.No.1685 of 2025 terminated the petitioner from service on 01.07.2024. Of course, the list of documents filed before the learned Tribunal does not contain the bank statement. However, the bank statement field along with the writ petition, shows the deposits from Andhra Foam Centre, Distributors of Sheela Foam Limited. The petitioner could have been given an opportunity by returning the ID, instead of rejecting the ID. Since no opportunity is afforded to the petitioner, the petitioner could not explain the discrepancy. Given the facts and circumstances of the case, the order impugned dated 26.11.2024 in CFR No.1396 of 2024, dated 13.11.2024 I.D.No../2024, on the file of the learned Industrial Tribunal-cum-Labour Court and Special Court for the Trial of Offences under ESI Act, 1948, Guntur, is hereby set aside. The petitioner shall file the bank statement and other relevant documents before the learned Tribunal. Upon such filing, the learned Tribunal shall consider the same and pass appropriate orders, strictly as per the Rules. 9. 10. With the above observation, the Writ Petition is disposed of. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// si CONGER To, 1. The Principal Secretary (Labour Department), State of AP, Secretariat, Amaravati, Velagapudi, Guntur District. 2. The Chairman cum presiding officer, Hon'ble Industrial Tribunal Cum Labour Court, And Special Court for trial of Offenses under ESI Act 1948, I.T Cum L.C, Gnt, Guntur, Guntur District. 3. The Proprietor Sri Lakshmikanth Agarwal, Andhra Foam Centre, Distributors of Sheela Foam Ltd., S/o. Siva Datta Roay Agarwal, O/o. 1- 3/18-32, Tunuguntlavari Street, Vidyadharapuram, Vijayawada. 4. One CC to Sri. S Bala Mohan Ranga Advocate [OPUC] % 5. Two CCs to GP for Labour, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC K H HIGH COURT DATED:07/02/2025 ORDER WP.No.1685 of 2025 DISPOSING OFTHE WP WITHOUT COSTS