APHC010150442022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE 25th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9553/2022 Between: 1. SK.H.BASHA,, S/O.KALESHA, AGED ABOUT 56 YEARS, EMPLOYEE, R/O.D.NO.41-8-45, CEKKE STREET, ATMAKUR, SPSR NELLORE DISTRICT, A.P ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LABOUR, FACTORIES, BOILERS AND INSURANCE MEDICAL SERVICE (0.P. DEPARTMENT),SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE JOINT COMMISSIONER OF LABOUR, GUNTUR ZONE, GUNTUR. 3. THE CONCILIATION OFFICERCUM ASSISTANT COMMISSIONER OF LABOUR, NELLORE, 4. THE DEPOT MANAGER, APSRTC, NELLORE-2 DEPOT, SPSR NELLORE DISTRICT, 5. THE REGIONAL MANAGER, APSRTC, NELLORE, SPSR NELLORE DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PUBLIC TRANSPORT ROADS AND BUILDINGS DEPT., SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 2 DISTRICT. ...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, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not referring the dispute to Labour Court-cum-Industrial Tribunal, Guntur, pertaining to my punishment of withholding of two Annual Increments with cumulative effect, as arbitrary and illegal and violative of Articles, 14, 16 and 21 of Constitution of India and provisions of the I.D. Act, 1947, consequently direct the respondents 1 to 3 to refer the above said dispute to Labour Court-cum-Industrial Tribunal, Guntur and pass IA NO: 1 OF 2022 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 pleased to direct the respondents 1 to 3 to take immediate steps for redressal of my grievance of imposition of punishment of 2 Annual Increments with cumulative effect, pending disposal of the main writ petition, and pass 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 grant leave for filing of the Counter Affidavit in WP no. 9553 of 2022 and pass Counsel for the Petitioner: 1. M PITCHAIAH Counsel for the Respondent(S): 1. GP FOR LABOUR 2. GP FOR ROADS BUILDINGS 3. P VENKATA RAO SC For APSRTC The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9553 OF 2022 ORDER: The Writ Petition is filed aggrieved by the action of the respondents in not referring the dispute, relating to the punishment of withholding two annual increments with cumulative effect imposed on the petitioner, to the Labour Court-cum-Industrial Tribunal, Guntur. 2. Heard learned counsel for the petitioner and learned counsel for respondents. 3. The 2nd respondent has filed a counter-affidavit asserting that the 2nd respondent, in his order, opined that the disputed should be referred for adjudication and the same was forwarded to the Labour Court for adjudication. The Labour Court, on 24.09.2022, returned the file stating that final order copy of punishment imposed by the Depot Manager, APSRTC, Nellore-2 Deport (Final Order), which is the basis for annexure had not been enclosed. Thereafter, the file was resubmitted to the Labour Court on 07.10.2022 by enclosing the Final Order. 4. On perusal of the counter-affidavit, it appears that the dispute was referred to the Labour Court. 5. In view of the said assertion in the counter affidavit, the present Writ Petition is disposed of with the following directions: 4 (a) If the original termination order of the employee’s is filed, as asserted in the affidavit, the Industrial Tribunal is directed to register the dispute and pass appropriate orders following the provisions of Industrial Tribunal Act 1947. (b) If the original termination order of the employee is not filed, the Tribunal is directed to issue a reminder notice to the concerned authorities fixing a time limit for the production of original termination order of the employee. (c) If the same is not filed within the stipulated time, the Tribunal may proceed on the copy that is available on record dispensing with the original. (d) If the copy is also not available, the Tribunal may direct the employee for production of copy. Upon filing of the copy, the Tribunal shall proceed in accordance with law to adjudicate the dispute. (e) There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 25.08.2026 KBN 5 40 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9553 of 2022 Date: 25.08.2026 KBN