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2020 Supreme(Telangana) 66

P.NAVEEN RAO
Cognizant Technology Solutions India Pvt. Ltd. – Appellant
Versus
Appellate Authority under Section 48(1) of the A. P. Shops & Establishments Act, 1988 and the Assistant Commissioner of Labour – Respondent


Advocates Appeared:
For the Petitioners: Sri C.R. Sridharan, senior counsel for Sri Saloori Ramesh
For the Respondents: for Labour, Sri. P. Lakshmana Rao

ORDER :

Second respondent in writ petition joined the service of the petitioner-company as Manager-Projects on 25.05.2011 on consolidated pay of _ 14.00 lakhs per annum, later increased to _ 15.00 lakhs per annum, inclusive of HRA, Special Allowance, Medical Allowance, Company Contribution to Provident Fund etc. Petitioner-company terminated his services by order dated 16.05.2013. Challenging the said termination, 2nd respondent filed appeal under Section 48(1) of the A.P. Shops & Establishments Act, 1988 (Telangana Shops & Establishments Act, 1988) (hereinafter referred to as the Act) before the Authority cum the Assistant Commissioner of Labour, Vikarabad, which was numbered as S.E.No.7 of 2016. The authority, by his order dated 06.04.2017, held that enquiry was not properly conducted and ample opportunity was not afforded to the applicant and observed that applicant is entitled to opportunity to defend his case. The authority further directed that till completion of enquiry, the applicant should be paid allowances as envisaged under Section 47(6) of the Act and further directed that such allowances should be paid from the date of termination till the date of order passed on 06.04

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