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1997 Supreme(AP) 525

N.Y.HANUMANTHAPPA, AVINASH SOMAKANT BHATE
District Co-operative Central Bank Limited. , West Godavari, Eluru, General Manager – Appellant
Versus
State OF A. P. rep. , by its secretary to Government, Labour employment, Nutrition and Technical education Department, Hyderabad – Respondent


N. Y. HANUMANTHAPPA, J.

( 1 ) THE petitioner in all the writ petitions is the District Co-operative Central bank Ltd. , West Godavari, Eluru. The petitioner-bank filed the above writ petitions seeking a writ of Mandamus declaring the first proviso to Sec. 48 (3) of A. P. Shops and Establishment Act 1988 as unconstitutional, arbitrary and ultra vires and inconsistent with the principles of natural justice and consequently direct the 2nd respondent to entertain and decide the appeal filed by the petitioner against the orders dt. 29-12-1992 of the 3rd respondent without insisting on the deposit of back wages.

( 2 ) A few facts that are necessary to dispose of these writ petitions are as follows: The petitioner bank engaged the workmen in all the writ petitions (4th respondent in all the writ petitions) as N. M. Rs. on daily wage basis in the petitioner bank, hereinafter referred to as the Management . Subsequently they were terminated from service w. e. f. 1-10-1987 on the ground that their appointments were made without following the procedure. Questioning the said termination the workmen filed writ petitions and this Hon ble Court disposed of the writ petition directing the workmen





















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