The Superintending Engineer vs The Secretary
2023 Latest Caselaw 5439 AP

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           THE HON'BLE DR.JUSTICE K. MANMADHA RAO

     C.R.P.Nos.2260, 2263, 2270, 2273, 2274, 2275, 2286
                      and 2289 of 2023.

COMMON ORDER:

      Aggrieved by the respective impugned orders passed by the

Chairman-cum-Presiding Officer, Industrial Tribunal-cum- Labour

Court, Anantapuramu (in short 'the learned tribunal) the batch of

revisions came to be filed.


      2.   Heard Mr. V.R.Reddy Kovvuri, learned counsel for the

petitioners, Mr. Nallari V. Sumanth, learned counsel, representing

M/s Indus Law Firm for the respondents.

3. During hearing, learned counsel for the petitioners would

contend that the learned tribunal without following extant

procedure has straight away passed a single line cryptic order

dated 21.07.2023. The order reads asunder

"Issue order 21, Rule 43 attachment and Notice to Judgment Debtor by 31.08.2023".

4. Therefore, the learned counsel contends that the order

bereft or reasons and hence liable to be set aside. Further,

according to him, principle of "audi alterm partem" has not

followed by the learned tribunal.

5. This court perused the entire material available on record.

6. As could be seen from the impugned orders, no doubt as

contended by the learned counsel for the petitioner, the same is

liable to be dismissed, since it lacks reasoning order. Time and

again, in a catena of decisions by the Hon'ble Apex Court, it was

held that the order should be reasoning order and cannot be a

cryptic order. The impugned orders, therefore, are liable to be set

aside.

7. Accordingly, all the Civil Revision Petitions are disposed

of, while remitting the matters back to the learned Tribunal for

disposal in accordance with law, within three (03) months from the

date of receipt of a copy of this order, after affording opportunity of

hearing to both sides. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending

shall stand closed.

___________________________________ DR.JUSTICE K. MANMADHA RAO Date: 10.11.2023.

KK

THE HON'BLE DR.JUSTICE K. MANMADHA RAO

C.R.P.Nos.2260, 2263, 2270, 2273, 2274, 2275, 2286 and 2289 of 2023

Date 10.11.2023.

KK