IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY THIS THE FIFTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24590 of 2014 Between:
A.K. Reddy . PETITIONER And The A.P.R.T.C. rep. by its VC & MD, Hyderabad and two others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO
WRIT PETITION No.24590 of 2014
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring that the action of the respondents in not paying the retirement benefits to the petitioner as arbitrary, illegal, unjust, unreasonable and contrary to the Award of the Labour Court-II, Hyderabad in ID No.131 of 2007 dated 30.09.2010 and consequently direct the respondents to pay the retirement benefits to the petitioner by continuing his entire service up to his date of retirement i.e. 31.08.2007 as on duty.
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
The petitioner was initially appointed as conductor on 14.05.1972 in the respondents’ Corporation. While so, he was removed from service on the allegation of cash and ticket irregularity. He filed an appeal as well as review petition to the appropriate authorities but had lost both of them. Finally, he raised I.D.No.131 of 2007 before the Labour Court-II, Hyderabad. The labour Court passed an Award dated 30.09.2010 directing the Corporation to pay the retirement benefits to the petitioner by taking into consideration the removal period as on duty for calculation of his retirement benefits. The petitioner made several representations including the last one dated 23.06.2014 to pay his retirement benefits. His grievance is that so far no action has been taken on his representation.
In the above circumstances, the respondents are directed to consider and dispose of the representation made by the petitioner in the light of the Award passed by the Labour Court-II, Hyderabad in I.D.No.131 of 2007 and pay him the retirement benefits, within a period of six weeks from the date of receipt of a copy of this order.
Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, filed in this writ petition shall stand closed.
R.KANTHA RAO,J Date:15.09.2014 ccm THE HON’BLE SRI JUSTICE R.KANTHA RAO
WRIT PETITION No.24590 of 2014
Date:15-09-2014