HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.37018 of 2014 Date: 16-12-2014 Between A.Raheem … Petitioner and The APSRTC, Rep. by its Managing Director, Musheerabad, Hyderabad; and 3 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.37018 of 2014 Order:
Heard Sri S.M.Subhan, learned counsel appearing for the petitioner and Sri N.Vasudeva Reddy, learned Standing Counsel for the respondents 1 to 3-
Andhra Pradesh State Road Transport Corporation (the Corporation, for short).
2. The petitioner was appointed as a driver in the respondents 1 to 3-Corporation on 01-4-1975.
An enquiry was held against him in relation to the charge of unauthorised absence and in consequence thereof, he was removed from service by an order dated 14-3-2007. He preferred an appeal and the Appellate Authority dismissed the appeal on 24-12-2011. Thereafter, he approached the 4th respondent-Labour Court-II, Hyderabad and raised an industrial dispute. The Labour Court by award dated 23-9-2013 reinstated the petitioner as a fresh driver by denying past service.
3. The learned counsel appearing for the petitioner submits that the petitioner in fact retired from service in the year 2011 itself and therefore the Labour Court ought not to have passed the award reinstating him into service as a fresh candidate. In view of the said award passed by the Labour Court, the petitioner is denied retiral benefits.
4. Having regard to the aforesaid facts and circumstances, this Court is of the view that the award can be modified. Consequently, the award passed by the Labour Court is modified reinstating the petitioner into service with all consequential benefits except back wages. The respondents 1 to 3-Corporation are directed to pay retiral benefits to the petitioner within a period of 6 (six) weeks from the date of passing of this order. The writ petition is disposed of accordingly. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
16th December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.37018 of 2014 16th December, 2014. (Ak)