A P Mahesh Cooperative Bank Ltd. vs Authority U/S.48 Of The Telangana
2021 Latest Caselaw 3376 Tel

        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

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