Labour Court Award Of Rs 1.58 Cr Against Hyderabad Firm Upheld
Justice Nagesh Bheemapaka of the Telangana High Court dismissed a writ plea challenging an order of the Labour Court which directed Hyderabad Connectronics Limited to pay Rs 1.58 crore to 64 of its former employees.
1. Labour court award of Rs 1.58 cr against Hyd firm upheld
Justice Nagesh Bheemapaka of the Telangana High Court dismissed a writ plea challenging an order of the Labour Court which directed Hyderabad Connectronics Limited to pay Rs 1.58 crore to 64 of its former employees. The judge was dealing with a writ plea filed by the firm’s managing partner, P. Ramakrishna Reddy. The company assailed the Labour Court’s 2019 order, alleging violation of natural justice and suppression of settlements made with some workers. The case arose from the company’s declaration of a lay-off on December 26, 1998, citing non-availability of raw material, lack of orders and financial difficulties. While the Industrial Disputes Act permits lay-off compensation for 45 days, continuation beyond that period requires either the consent of workers or retrenchment with compensation. The judge rejected the company’s contention that 32 workers were given full and final settlements, noting that no supporting documents were filed before the Labour Court at the relevant stage. “Since the plea of full and final settlement was unsupported by evidence, the Labour Court cannot be faulted for not considering it,” the judge held. On the allegation of denial of opportunity, the judge referred to the fact that the notice sent by the Labour Court was returned with the postal endorsement “factory closed – return to sender.” Citing the Supreme Court’s ruling, the judge held that a notice returned unclaimed constituted deemed service.
2. Wall construction on 40-ft road challenged
Justice Vijaysen Reddy of the Telangana High Court on Tuesday took on file a writ plea challenging the inaction of municipal authorities in removing an allegedly illegal compound wall constructed over a 40-feet-wide road in Adilabad district. The judge was hearing a writ plea filed by Sheik Saleem, who contended that despite orders issued in June directing demolition of the wall in the interest of ensuring free flow of traffic for the locality and the general public, no action was taken. He argued that such inaction was illegal, arbitrary and contrary to the principles of natural justice. During the hearing, Justice Vijaysen Reddy observed in general that people have been occupying roads, lakes and government lands, causing inconvenience to the public. The judge directed the government pleader to verify the allegations and obtain instructions. The matter is posted to October 13.
3. Campaign case against AIMIM worker quashed
Justice Juvvadi Sridevi of the Telangana High Court quashed criminal proceedings against an AIMIM worker accused of violating election norms during the 2018 Assembly polls, terming it an abuse of the process of law. The judge was dealing with a criminal petition filed by Syed Khaja Ziauddin seeking to set aside the proceedings pending before the Additional Chief Metropolitan Magistrate, Hyderabad. The petitioner was charged under various sections of the IPC and the City Police Act for allegedly breaching the model code of conduct during a padayatra in the Yakutpura constituency. According to the prosecution, permission was granted for a rally on November 4, 2018, between 4 pm and 8 pm, but the party allegedly violated conditions by using bikes, jeeps, horses, camels, loudspeakers and distributing party merchandise without valid permission. The judge noted that the investigating officer failed to comply with mandatory provisions under the criminal procedural law and that the chargesheet and witness statements did not disclose any incriminating material to attract the offences alleged. The judge observed that no evidence was produced to show the petitioner incurred or authorised election-related expenditure without the candidate’s approval. The judge pointed out that all witnesses cited were official witnesses and no independent evidence was collected. In the absence of credible material, subjecting the petitioner to trial would amount to “sheer abuse of the process of law,” the judge held.
4. HC quashes election cases against BJP leader
Justice Moushumi Bhattacharya of the Telangana High Court quashed two criminal cases against Prof. K. Laxman of the BJP. The judge allowed both quash petitions relating to cases booked against him in connection with election canvassing during the byelection to the Huzurabad constituency in 2019. In two independent complaints, it was alleged that Dr Laxman had held public meetings contrary to the law. He was charged with various offences, including unlawful assembly, unlawful restraint, and violation of orders issued by a public officer. It was pointed out that the public meetings were held in accordance with the permission granted. Although the permission was for a period of eight hours, the roadshow was conducted only for one hour. It was also contended that the complainant was not the competent authority under the relevant law. In two separate judgments, Justice Moushumi ruled that the inherent power of the court to quash criminal proceedings could be exercised when, on the face of it, the complaint did not make out an offence. Detailing the parameters under which the court could quash criminal proceedings, she observed that the case satisfied the various tests laid down by the courts from time to time. Relying on the latest verdict of the apex court, she referred to the four-step test and stated that, based on it, no purpose would be served if the petitioner were to be subjected to trial. The petitioner should not be needlessly subjected to the rigours of a futile prosecution. She accordingly quashed the criminal proceedings against the petitioner.
