COMMON JUDGMENT:

(Prashant Kumar Mishra, CJ)

Dt.22.03.2022 These two writ appeals would arise out of the common order dated

28.12.2018 passed by the learned single Judge in two separate writ petitions, one being W.P.No.2955 of 2021 preferred by the appellant (management) and the other – W.P.No.5271 of 2009 preferred by the 1st respondent- workman. While the writ petition preferred by the appellant has been dismissed, that preferred by the workman has been allowed by the learned single Judge. W.P.No.2955 of 2001 was preferred challenging the award passed by the Labour Court, Visakhapatnam on 23.10.2000 in I.D.No.219 of 1998, whereas W.P.No.5271 of 2009 was preferred challenging the order dated 16.12.2008 passed by the Labour Court, Visakhapatnam, in M.P.No.43 of 2005.

2. Both the writ appeals were heard analogously on the issue of maintainability. However, to understand and appreciate the nature of proceedings before the Labour Court, it is deemed expedient to state the factual matrix, though succinctly.

3. The workman preferred an application under Section 2A(2) of the Industrial Disputes Act, 1947 (in short, “the 1947 Act”) before the Labour Court, Visakhapatnam for reinstatement with