HON’BLE Dr. JUSTICE K.G.SHANKAR Writ Petition No.20750 of 2001 Date: 22-01-2014 Between The Depot Manager, APSRTC, Nellore-II Depot, Nellore … Petitioner and M.B.Krishnaiah and another … Respondents HON’BLE Dr. JUSTICE K.G.SHANKAR Writ Petition No.20750 of 2001 Order:
The petitioner seeks for a Writ of certiorari to set aside the award dated 23-12-2000 passed by the Labour Court, Guntur in I.D.No.314 of 1998 and for consequential reliefs.
2. The 1st respondent was appointed as a Conductor by the Andhra Pradesh State Road Transport Corporation (the Corporation, for short) in Nellore-II Depot in April, 1985. He was alleged to be absent from duty for a period of 23 days from 21-8-1996 till 14-9-1996 without prior approval of leave. A charge-sheet was issued to the 1st respondent consisting of 4 charges.
The 1st respondent offered his explanation. However, an enquiry was conducted wherein the 1st respondent was found guilty.
3. A Show Cause Notice was issued to the 1st respondent as to why he should not be removed from service. The 1st respondent offered his explanation on 03-3-1997. Not satisfied with the explanation, orders were passed removing the 1st respondent from service. The 1st respondent was unsuccessful in his appeal. Consequently, the 1st respondent raised I.D.No.314 of 1998 before the Labour Court, Guntur. Through the award, the Tribunal set aside the order of removal dated 29-9-1998 and ordered the reinstatement of the 1st respondent into service with full wages and continuity of service. Questioning the same, the petitioner- Corporation preferred the present writ petition.
4. During the pendency of the writ petition, interim directions were issued to pay wages under Section 17-B of the Industrial Disputes Act, 1947 (the Act, for short) to the 1st respondent and further interim directions were issued to pay 50% of the back wages. The Corporation not only paid 50% of the back wages and the wages under Section 17-B of the Act but also reinstated the 1st respondent into service in 2002. The 1st respondent has retired from service in 2009. It is the contention of the learned counsel for the 1st respondent that the retirement benefits of the 1st respondent could not be settled on account of the pendency of the present writ petition. He seeks for the confirmation of the award.
5. Where much water has flown under the bridge after passing of the award, I consider it appropriate to dispose of the writ petition confining the payment of back wages to 50% which had already been complied with by the petitioner-Corporation and treating that the matter has a quietus, so much so, the 1st respondent can seek for the retirement benefits from the Corporation.
6. Accordingly, this writ petition is disposed of holding that the 1st respondent is entitled to the reinstatement into service with continuity of service and attendant benefits and with back wages which had already been paid to the 1st respondent and also with the wages under Section 17-B of the Act to the extent they were already paid to the 1st respondent.
The 1st respondent shall be entitled to be treated to have retired from service on attaining superannuation in 2009 and shall indeed be entitled to retirement benefits to which he is other entitled to. The miscellaneous petitions pending, if any, shall stand closed. No costs.
Dr. K.G.SHANKAR, J.
22nd January, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Writ Petition No.20750 of 2001 22nd January, 2014. (Ak)