Depot Manager, v. C.Ashanna,

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTI CE GUDI SEVA SHYAM PRASAD WRI T APPEAL No.643 of 2017 Between:

Depot Manager, Telangana State Road Transport Corporation, Mehdipatnam, Hyderabad ..Appellant and C.Ashanna and another ..Respondents Counsel for the appellant: Mr.N.Praveen Reddy for Mr.N.Vasudeva Reddy Counsel for respondent No.1: Mr.G.Ravi Mohan Counsel for respondent No.2: -- The Court made the following:

CVNR,J & MSKJ,J W.A.No.643 of 2017 JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The Telangana State Road Transport Corporation filed this writ appeal against order, dated 28.12.2016, in W.P.No.23953 of 2003, whereby the learned Single Judge has allowed the said writ petition by setting aside award, dated 10.04.2003, in I.D.No.75 of 2001 on the file of the Industrial Tribunal-I, Hyderabad, with the direction to the appellant to reinstate respondent No.1 into service with all consequential benefits, such as continuity of service, attendant benefits and back wages.

2.

During the hearing of this case, a suggestion was put to both the parties whether they are agreeable for disposal of the writ appeal by denying back wages to respondent No.1 while giving him the benefit of continuity of service and notional attendant benefits. Today, at the hearing, the learned counsel for both the parties, on instructions, have informed the Court that their respective clients are agreeable for the above suggestion. 3.

In the light of the consensus reached between the parties as above, the order of the learned Single Judge is set aside only to the extent of payment of back wages. Accordingly, the Writ Appeal is partly allowed, by making it clear that respondent No.1 is not entitled to back wages and that he is entitled to the benefits of continuity of service and notional attendant benefits for the purpose of pay fixation.

4.

As a sequel to partly allowing the writ appeal, W.A.M.P.No.1293 of 2017 filed by the appellant for interim relief shall stand disposed of as infructuous. ______________________________ C.V.NAGARJUNA REDDY, J __________________________________ GUDI SEVA SHYAM PRASAD, J 30th August, 2017 GHN

CVNR,J & MSKJ,J W.A.No.643 of 2017