The Hon'ble The Chief Justice Satish Chandra Sharma
and
The Hon'ble Sri Justice A. Rajasheker Reddy
Writ Appeal No.358 of 2020
Judgment: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present Writ Appeal is arising out of interim order dated
13.08.2020, passed by the learned Single Judge, in I.A.No.1 of 2020 in
W.P.No.12399 of 2020.
2. The facts of the case reveal that respondent No.3/employee
was dismissed from service and the dismissal order was subjected to scrutiny under the Telangana Shops and Establishments Act, 1988 (for short the Act of 1988'). The First Appellate authority has set aside the order of termination directing reinstatement of employee with backwages, against which, Second Appeal No.2 of 2017 was preferred and the Second Appellate authority, by order dated 24.01.2020, directed reinstatement of the employee without backwages. The order passed by the Second Appellate Authority under the Act of 1988 has been challenged by filing a Writ Petition i.e., W.P.12399 of 2020 and an application was preferred for staying the order passed by the Second Appellate Authority and the learned Single Judge has rejected the application, against which the present Writ Appeal has been filed.
3. Learned counsel appearing for the appellant has drawn the attention of this Court towards Section 48 of the Act of 1988 and he was fair enough in stating that the appellant shall be paying last wages 2 drawn from the date the order has been passed by the Second Appellate Authority i.e., from 24.01.2020 and all the issues be left open.
4. Learned counsel for the respondent No.3/Employee was also fair enough in stating before this Court that the matter be remanded back to the learned Single Judge for deciding it on an early date. Resultantly, without adverting to the merits of the case, the present Writ Appeal stands disposed of with a request to the learned Single Judge to decide the Writ Petition as expeditiously as possible, preferably, within a period of 60 days from today and respondent No.3/employee shall be entitled for salary with effect from 24.01.2020, keeping in view Section 48(4) of the Act of 1988. Interim order dated 13.08.2020, passed by the learned Single Judge, in I.A.No.1 of 2020 in W.P.No.12399 of 2020 is set aside. There shall be stay of reinstatement subject to compliance of the order passed by this Court. The parties shall appear before the learned Single Judge on 23.11.2021.
5. Subject to the above, Writ Appeal stands disposed of.
Consequently, Interlocutory Applications, pending if any, stand disposed of.
_______________________ Satish Chandra Sharma, CJ ____________________ A. Rajasheker Reddy, J Date:11.11.2021 lur 3