HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40885 of 2014 Date: 31-12-2014 Between S.Krishnaiah … Petitioner and APSRTC, Rep. by its MD, Bus Bhavan, Musheerabad, Hyderabad;
and 3 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40885 of 2014 Order:
Heard Sri V.Narasimha Goud, learned counsel appearing for the petitioner and Smt. D.Radhika, learned Standing Counsel appearing for the respondents 1 to 3- Corporation.
2. The petitioner worked as a conductor in the respondents 1 to 3-Corporation. He was appointed on 21- 12-1982. He was removed from service on 30-11-2000 on the allegation of absenteeism. Thereafter, he raised I.D.No.3 of 2012 and the Labour Court by award dated 24-6-2013 set aside the removal order dated 30-11- 2000 passed against the petitioner and directed to treat the petitioner’s service as if he is in service from the date of absent till the date of retirement.
3. In this context, it is to be noticed that while the I.D. was pending, the petitioner retired from service on attaining the age of superannuation on 30-6-2012.
The Labour Court specifically mentioned in that award that the petitioner is not entitled for back wages, attendant benefits and notional increments from the date of removal till the date of retirement. However, it is made clear by the Labour Court that the service of the petitioner from the date of removal till the date of superannuation i.e. from 30- 11-2000 to 30-6-2012 shall be taken into consideration for the purpose of retirement benefits. Therefore, the relief prayed for in the writ petition viz., that for the purpose of computing the retirement benefits, the period from the date of removal till the date of superannuation shall be taken into consideration, can be granted to the petitioner in the present writ petition. Consequently, the petitioner with the same request made a representation to the respondents 1 to 3-Corporation on 30-10-2013.
4. In the above circumstances, this writ petition is allowed directing the respondents 1 to 3-Corporation to consider the representation dated 30-10-2013 made by the petitioner whereunder he sought to calculate the retiral benefits taking into consideration the period from the date of removal till the date of superannuation in terms of the award passed by the Labour Court in the I.D. within a period of 2 (two) months from the date of receipt of a copy of this Court. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
31st December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40885 of 2014 31st December, 2014. (Ak)