APHC010513802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 931/2024 Writ Appeal under clause 15 of the Letters Patent to allow the Writ Appeal as prayed for and dismiss the WP NO 24228 of 2005, dated 5-9- 2024 and pass Between: 1. SK KHADAR MASTAN, ADC APSRTC, NELLORE 1 DEPOT, S/O DASTAGIRI SAHEB AGED ABOUT 58 YEARS, KOTAGATLA, SANGAM MANDAL, NELLORE DIST. ...APPELLANT AND 1. THE WORKS MANAGER, APSRTC, ZONAL WORKS SHOP, NELLORE, NELLORE DIST. 2. THE EXECUTIVE DIRECTOR, APSRTC, NELLORE, NELLORE DIST 3. THE PRESIDING OFFICER, LABOUR COURT, GUNTUR, GUNTUR DIST. 4. THE DISTRICT PUBLIC TRANSPORT OFFICER, APSRTC, NELLORE. (PROPOSED 4TH RESPONDENT) ...RESPONDENT(S): IA NO: 1 OF 2024 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 2 dispense with in filing certified copy in WP NO: 24228 of 2005, dated; 5-9- 2024 and pass IA NO: 2 OF 2024 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 grant leave to implead 4th proposed respondent as 4th respondent in Writ Appeal and to pass IA NO: 3 OF 2024 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 condone delay of days (41 ) in filing the Writ Appeal and pass IA NO: 4 OF 2024 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 grant stay of all further proceedings in pursuance of the orders passed in WP NO: 24228 of 2005, dated; 5-9-2024 pending disposal of the WA NO; of 2024 and pass IA NO: 5 OF 2024 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 2nd respondent herein to reinstate the Appellant into service by suspending the 4th respondent proceeding NO LC/876(17)/2024-DPTO/NLR, dated; 24-10-2024 with all consequential benefits and pass Counsel for the Appellant: 1. P GOVINDA RAJULU Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. M SOLOMON RAJU The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.931 of 2024 JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand) The writ petition No.24228 of 2005 was filed against the Award, dated 03.03.2005 in I.D.No.210 of 1999, on the file of the Labour Court, Guntur, which was published on 29.05.2005 directing the reinstatement of 1st respondent to service without continuity of service and back wages. Considering the submissions of the learned counsel for the writ petitioners, the learned single Judge of this Court has allowed the said writ petition by order, dated 05.09.2024. Aggrieved by the said order, the present appeal is filed on main ground that no opportunity is provided by the learned single Judge while disposing the writ petition. 2. On perusal of the order impugned in this writ appeal, it reveals that without issuing any notice to the appellant/1st respondent and without providing any opportunity to him, allowed the writ petition recalling the reinstatement order passed by the Labour Court in I.D.No.210 of 1999, dated 03.03.2005 which is in clear violation of principles of natural justice. It is settled law that any order passed by any authority or Court without providing opportunity to the effected party, is in violation of principles of natural justice and it will not sustain under law. The order under appeal is one of such order. 3. Therefore, in our considered view, the said order is not sustainable under law and as such, it is liable to be set aside. 4 4. Accordingly, the writ appeal is allowed with following directions: (1) The order of the learned single Judge is set aside and the matter is remanded to the learned Single Judge for afresh consideration. (2) It is made clear that status quo shall be maintained for a period of three (03) months. (3) Both parties are at liberty to make mention before the learned single Judge for early disposal of the writ petition. 5. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _________________________ JUSTICE BATTU DEVANAND _________________________________ JUSTICE A.HARI HARANADHA SARMA Dated: 17.11.2025 PGR 5 (98) THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.931 of 2024 Dt. 17.11.2025 PGR