Dolphin Hotels Private Limited, vs The Authority Appointed U/S 48 Of ...
2021 Latest Caselaw 5232 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
                  MAIN CASE No: W.P.No.28717 of 2021

                             PROCEEDING SHEET
Sl.                                                                         OFFICE
        DATE                            ORDER
No                                                                NOTE.
                                                                 Transfe
2.    15.12.2021 NJS, J                                          rred to
                                                                 io
                        Heard Mr. C.R.Sridharan, learned Senior folder
                                                                 before
                 Counsel representing the petitioner and learned
                                                                 correcti
                 Assistant   Government     Pleader  for  Labour ons.
                                                                 B/o.
                 representing respondent No.1.

Issue notice to respondent No.2. Learned counsel for the petitioner is permitted to take out personal notice to respondent No.2 by RPAD and file proof of service, within a period of three (3) weeks.

However, considering the submissions made by the learned Senior Counsel that the impugned order dated 18.11.2021, is contrary to the judgment of the Hon'ble Supreme Court reported in (1975) 2 SCC 661 wherein it was held that when the case of dismissal of an employee is referred for industrial adjudication, the labour court should first decide as a preliminary issue whether the domestic enquiry has violated the principles of natural justice as also similar view expressed in (2018) 18 SCC Pg 21, and perusing the said judgments, prima facie, this Court is satisfied that a case is made out for granting interim order. Accordingly, there shall be interim stay of all further proceedings as prayed for.

List this matter after four (4) weeks. Office is directed to print the name of Government Pleader for Labour on the side of respondents in the cause-list.

______ NJS, J BLV