APHC010075552017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19896 OF 2017 Between:

1. Chejerla Primary Agricultural Cooperative society, Chejerla village and mandal, SPSR Nellore District Rep by its Secretary presently known as Chief executive officer, Ragipindi Gurava Reddy S/o Kanaka Reddy Aged about 55 years, Chejerla village and Mandal, SPSR Nellore District ...Petitioner AND

1. The State of A P, rep. by its Prl secretary Agri. & coop. Department, A.P.Secretariat, Velagapudi, Guntur District

2. The Labour Court, Guntur, Rep by its Presiding Officer

3. Vangara Subbarao, 19-1-234, Komati Street, Nellore District.

...Respondents 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 any writ or order or direction particularly a writ of certiorari by calling for the records of the 2nd Respondent pertains to MP No. 06 of 2006 dated 14.12.2015 on the file of the Labour Court, Guntur, Guntur District and allow the same, duly setting aside the order of the 2nd Respondent in MP No. 06 of 2006 dt.14-12-2015 passed therein and quash the same as being illegal, irrational and without authority of law and consequently set aside the said orders of 2nd Respondent IA NO: 1 OF 2017(WPMP 24316 OF 2017 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 suspend the operation of order dt 14-12-2015 in MP No.06 of 2006 passed by the respondent No.2 pending disposal of writ petition IA NO: 4 OF 2017(WPMP 112398 OF 2017 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 Counsel for the Petitioner: SIVAPRASAD REDDY VENATI Counsel for the Respondents: GP FOR COOPERATION (AP)

Counsel for the Respondents:GP FOR LABOUR (AP)

Counsel for the Respondents:M PITCHAIAH The Court made the following order:

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.19896 of 2017

ORDER

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following main prayer:

“to issue any writ or order or direction particularly a writ of certiorari by calling for the records of the 2nd Respondent pertains to MP No. 06 of 2006 dated 14.12.2015 on the file of the Labour Court, Guntur, Guntur District and allow the same, duly setting aside the order of the 2nd Respondent in MP No. 06 of 2006 dt.14-12-2015 passed therein and quash the same as being illegal, irrational and without authority of law and consequently set aside the said orders of 2nd Respondent and to pass”

2. Heard arguments of Sri V.Siva Prasad Reddy, learned counsel for the petitioner. The workman filed Miscellaneous Petition vide M.P.No.6 of 2006 on the file of the Presiding Officer, Labour Court, Guntur (hereinafter called, „the Labour Court‟) to direct the employer- society for payment of Rs.2,02,680/- with interest at 18% per annum from due date till the date of realization. The Labour Court, vide order dated 14.12.2015, partly allowed the said petition, directing the employer-society to pay Rs.2,02,680/- to the workman.

3. The brief facts of the case are as follows:

The workman was joined as a paid secretary of erstwhile Mamdur Primary Agricultural Cooperative Society of Chejarla Mandal, Nellore District for a salary of Rs.9,200/- per month. Later, on 12.01.2004, a resolution was passed suspending the workman for a period of six months with effect from 28.01.2004 basing on the report of the Nodal officer and the workman was directed to handover the charge to one Mr.Audisesha Reddy. Thereafter, another resolution dated 22.07.2004 was passed extending the suspension for a furthe