The Depot Manager,A.P.S.R.T.C. v. The Labour Court-Ii,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.6392 OF 2006 Between:

The Depot Manager, APSRTC, Narayanakhed, Medak District .. Petitioner and The Labour Court-II, Hyderabad and another .. Respondents DATE OF JUDGMENT PRONOUNCEMENT : 21st JULY, SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR 1.

Whether Reporters of Local newspapers may be allowed to see the judgment?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3.

Whether Their Lordship wish to see the fair copy of the judgment?

Yes/No THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6392 OF 2006

O R D E R

This writ petition was filed by the Andhra Pradesh State Road Transport Corporation (APSRTC) assailing the Award dated 30.09.2004 passed by the Labour Court-II, Hyderabad, in I.D.No.32 of 2003. By interim order dated 31.03.2006, this Court granted stay of further proceedings pursuant to the impugned Award except reinstatement of the second respondent workman. It is now stated by the learned counsel appearing for the parties that the second respondent workman was, in fact, reinstated on 07.02.2005, even before passing of the aforestated order. In that view of the matter, the only issue that survives for consideration in this writ petition is as to the direction of the Labour Court to pay full back wages to the second respondent workman and extend to him continuity of service and other attendant benefits. Smt. K. Udaya Sri, learned counsel for the second respondent workman, stated before this Court that her client was willing to forego the full back wages granted to him by the Labour Court and that the Award may be confirmed in all other respects.

Upon this offer, the learned standing counsel for the APSRTC was asked to get instructions. Today, Sri Y.N. Anjaneyacharyulu, learned counsel representing Sri N. Vasudeva Reddy, learned standing counsel for the APSRTC, states that he has been instructed by the APSRTC to

inform this Court that it is willing to accept the Award, under challenge in this writ petition, in all respects in the event the second respondent workman foregoes the full back wages granted to him thereunder. In the light of the aforestated development, this Court is of the opinion that independent adjudication is not called for in this case and that the matter can be disposed of as under.

The writ petition is allowed in part setting aside the direction of the Labour Court-II, Hyderabad, in its Award dated 30.09.2004 passed in I.D.No.32 of 2003 to the extent of paying full back wages to the second respondent workman. All other reliefs granted under the said Award are confirmed. The APSRTC shall take steps to implement the Award, in so far as it is confirmed, expeditiously and in any event, not later than three months from the date of receipt of a copy of this order. Interim order dated 31.03.2006 shall stand vacated. Pending miscellaneous petitions shall stand closed. No order as to costs. ______________________ SANJAY KUMAR, J 21st JULY, 2015 Svv