M/S.Karimnagar Milk Producer ... vs The Chairman
2022 Latest Caselaw 6237 Tel

 HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

                WRIT PETITION No. 38309 of 2012

ORDER:

Heard learned counsel for the petitioner and learned Government

Pleader for Services-I appearing for respondents. With the consent of both

the parties, the writ petition is being taken up for disposal.

2. When the matter was taken up for hearing, learned counsel for the

petitioner submits that the present writ petition is squarely covered by

the order passed by this Court in W.A.No.995 of 2007 dated 14.02.2022,

reads as follows:-

"The Tribunal has set aside the punishment order directing reinstatement of the workman solely on the ground that the enquiry report was not supplied to the workman. The judgment of the Apex Court in the aforesaid case makes it very clear that mere non-supply of enquiry report does not automatically entitle the 5 workman for reinstatement and the workman has to establish that serious prejudice is caused on account of non-supply of enquiry report.

Resultantly, the matter is remanded back to the Tribunal to pass a fresh order, keeping in view the judgment delivered in the case of Uttarakhand Transport Corporation. The parties shall appear before the Tribunal on 28.02.2022 and the Tribunal shall pass a fresh order after hearing the parties, as expeditiously as possible, preferably within a period of three months thereafter. With the aforesaid, the writ appeal stands disposed of."

3. Learned counsel for the petitioner further pray this Court to

dispose the present writ petition in terms of the W.A.No.995 of 2007

dated 14.02.2022.

4. Learned Government Pleader for Services-I appearing for

respondents has also not disputed about the said facts.

5. In view of the submission made by the both the learned counsels,

this writ petition is disposed of, in terms of the order passed by this Court

in WA No.995 of 2007, dated 14.02.2022 and the matter is remanded back

to the Tribunal to pass a fresh order, keeping in view the Judgment

delivered in the case of Uttarakhand Transport Corporation. The parties

shall appear before the Tribunal on 26.12.2022 and the Tribunal shall pass

a fresh order after hearing the parties, as expeditiously as possible,

preferably within a period of three (3) months thereafter.

6. Accordingly, this writ petition is disposed of. Miscellaneous

applications, if any pending, shall stand closed. No order as to costs.

____________________________ N.V.SHRAVAN KUMAR,J

29.10.2022 SHA

Note: Registry is directed to annex order copy of WA No.995 of 2007.

Note: Issue CC in three days.