High Court for State of TelanganaWP/12958/2009disposed of no costs

E.Muthyalu v. A.P.S.R.T.C. Represented By Its Managing Director,

2015-08-11C.V.Nagarjuna Reddy2 pages

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12958 of 2009 Date:11.8.2015 Between:

E.Muthyalu, S/o E.Pentaiah ..... Petitioner And:

APSRTC, reptd by its Managing Director, Hyderabad and two others.

.....Respondents Counsel for the Petitioner: Sri Mohd. Ghouseuddin Counsel for Respondent Nos.1 & 2: Sri N.Praveen Reddy For Sri N.Vasudha Reddy Counsel for Respondent No.3: None appeared The Court made the following:

ORDER:

This Writ Petition is filed for a Mandamus to set aside award, dated 30.9.2008, in I.A.No.52 of 2007 on the file of the Industrial Tribunal, Hyderabad. The petitioner, who was a Conductor of the erstwhile Andhra Pradesh State Road Transport Corporation (presently, Telangana State Road Transport Corporation (TSRTC), which has succeeded APSRTC), was removed from service on the ground that he has issued used tickets to four passengers while conducting the bus from Secunderabad to Yousufguda. The removal order was questioned before the Industrial Tribunal, Hyderabad and by the impugned order, the same was confirmed. When this Writ Petition came up for hearing on 04.8.2015, this Court felt that the respondent-Corporation

may consider for providing some alternative employment to the petitioner without any monitory benefits. Today, Sri N.Praveen Reddy, learned counsel representing Sri N.Vasudha Reddy, learned Standing Counsel for TSRTC, on instructions, submitted that the Corporation is willing to take back the petitioner as Shramik, subject to his medical fitness, without any monitory benefits for the period for which he is out of employment and with continuity of service only for the purpose of payment of gratuity.

Sri Mohd. Ghouseuddin, learned counsel for the petitioner, has accepted this offer.

While appreciating the gracious gesture of the Corporation in offering alternative employment of Shramik to the petitioner, the Writ Petition is disposed of with the direction to the TSRTC to take the petitioner back into service as Shramik, without any monitory benefits and with continuity of service only for the purpose of computation of gratuity, subject to his medical fitness. As a sequel to the disposal of the Writ Petition, WPMP.Nos.32886 of 2012 and 43773 of 2013 shall stand disposed of as infructuous.

__________________________ JUSTICE C.V.NAGARJUNA REDDY 11th August 2015 DR