THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.24816 of 2014 Between: K.Phanibushan And Dated 11th November, 2014 …Petitioner The Regional Manager, APSRTC, (PNBS), Vijayawada, Krishna District and others …Respondents Counsel for the petitioner: Ms. Y.Anupama Devi Counsel for the respondents: Sri K.Satyanarayna Murthy The Court made the following:
ORDER:
At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties.
This writ petition is filed by the petitioner, who is a Contractor for the work of cleaning, sweeping, washing, MWP and parking buses inside the garage upto August, 2011 feeling aggrieved by non-payment of remuneration for the period of May, 2011 to August, 2011.
On behalf of the respondents, Law Officer of APSRTC has filed a counter affidavit, wherein while admitting the entitlement of the petitioner for payment of the remuneration for the above- mentioned period, it is however stated that since there were certain discrepancies in the names of the personnel engaged by the petitioner shown in his list and the list submitted by the security guard, the amounts were withheld.
In my opinion, the respondents are not justified in withholding of amount only on the purported ground of discrepancies in the names. Respondent No.3 ought to have reconciled the two lists by giving an opportunity to the petitioner to explain the said discrepancy.
In this view of the matter, respondent No.3 is directed to issue a notice to the petitioner and reconcile the alleged discrepancy in the names of the personnel engaged by the petitioner. On completion of such reconciliation, respondent No.3 shall pay the amounts found to be payable to the petitioner, within one month from the date of receipt of a copy of this order, after deducting statutory dues, if any.
The writ petition is accordingly disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.31063 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 11th November, 2014
VGB