Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 43310 (AP)

T. Armugam, v. The State of Andhra Pradesh,

WP/13792/2018 · 2025-03-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13792 OF 2018 Between: T. Armugam, S/o. Rangaswany Modailar, Aged 64 years, R/o.D.No.1-93 Leelagram Village, Narayanavanam Mandal, Chittoor District. ...Petitioner AND 1. The state of Andhra Pradesh, Rep. by its Principal Secretary, Labour Employment Training and Factories (OP) Department, Secretariat, Velagapudi, Amaravathi, Guntur district. 2. The Presiding Officer, Industrial Tribunal -cum- Labour Court Ananthapuramu, Andhra Pradesh. 3. Sri Bharathi Motor Service, Rep. by its Proprietor, Sholingar, Vellore District, Tamilnadu. ...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 call for the records from the 2"^^ respondent and issue an j appropriate writ, order or direction, particularly one in the nature of WRIT OF CERTIORARI and quash the order passed by the 2"'^ respondent in I.D.No.119 of 2014, Dt.12-05-2017 in publishing vide GO Rt.No.552, Dt.21.08.2017 as illegal, unjust, contrary to law, perverse and also the violation of Industrial Disputes Act, 1947 and consequently set aside the termination order and direct the 3rd respondent to pay full back wages from the date of retrenchment till 31.12.2011 and also pay retirement benefits. Counsel for the Petitioner: SRI N ASWARTHA NARAYANA Counsel for the Respondent Nos.1 & 2: GP FOR LABOUR (AP) Counsel for the Respondent No.3: None The Court made the following: Order 1 APHC010297822018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13792/2018 Between: T. Armugam, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1 .N ASWARTHA NARAYANA Counsel for the Respondent{S): 1.GP FOR LABOUR (AP) 2.NONE REPRESENTED FOR R3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “.....to call for the records from the 2^^ respondent and Issue an appropriate writ, order or direction, particularly one in the nature of WRIT OF CERTIORARI and quash the order passed by the 2'’'^ respondent in I.D.No.119 of 2014, Dt.12-05-2017 in publishing vide GO Rt.No.552, Dt.21.08.2017 as illegal, unjust, contrary to law, perverse and also the violation of Industrial Disputes Act, 1947 and consequently set aside the termination order and direct the 3 rd 2 ’‘fy fro®’ 'ft® ®a'e of retrenchment and also pay retirement benefits and to till 31.12.2011 pass such other order or orders 2. Heard Sri N.Swartha Narayana, learned learned Assistant Government respondents 1 and 2. counsel for the petitioner and appearing for the Pleader for Labour, 3. Learned counsel for the could not examine himself petitioner would submit that the petitioner as witness before the Industrial Tribunal Labour Court, Anantapuramu. Due to the said dismissed. Learned counsel would -cum- reason, his petition was submit that the petitioner is a workman opportunity to adduce evidence before the he may be given Industrial Tribunal in I.D.No.119 of 2014. 4. Learned Assistant Government Pleader for the Court may pass appropriate orders. Labour would submit that 5. Considering the grievance of the petitioner that he could not adduce evidence before the Labour Court in I.D.No.119 of 2014 due to unavoidable reasons ,n the interest of justice, the Writ Petition is allowed, the impugned order in ,.D.No.119 of 2014 is set aside and the matter is remanded to the about Court for fresh disposal according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand Sd/-G.HELA NAIDU ASSISTANT REGISTRAR closed. //TRUE COPY// SE6¥&^FiCER To. 1. The Principal Secretary, State of Andhra Pradesh, Labour Employment Secretariat, Velagapudi, Training and Factories (OP) Department Amaravathi, Guntur District. 2. The Presiding Officer, Industrial Tribunal -cum- Labour Court, Ananthapuramu, Andhra Pradesh. 3. The Proprietor, Sri Bharathi Motor Service, Snolingar, Vellore District, Tamilnadu. 4. One CC to SRI. N ASWARTHA NARAYANA, Advocate [OPUC] 5. Two CCS to GP FOR LABOUR (AP), High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies Sree (gsg) HIGH COURT DATED;18/03/2025 ORDER WP.No.13792 of 2018 Si I 8 JUL 2025 trentSectigox^^ «o ALLOWING THE W.P. WITHOUT COSTS