HIGH COURT FOR THE STATE OF TELANGANA
THE HON'BLE THE CHIEF JUSTICE RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
Writ Appeal No.1251 of 2017
Date :26.02.2020
Between:
The Andhra Pradesh State Road
Transport Corporation (Now TSRTC)
Rep.by its Depot Manager,
Mahabubabad Depot,
Warangal District
...Appellant
And
Bathini Sarangapani
and another ..Respondents
Counsel for the appellant : Mr. B. Mayur Reddy, SC for APSRTC Counsel for the respondents : Mr. P.Sridhar Rao The Court made the following:
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JUDGMENT: (Per the Hon'ble Sri Justice A.Abhishek Reddy) The present Writ Appeal is filed by the Corporation against the interim order, dated 24.04.2017, passed in W.P.M.P. No.14778 of 2017, in W.P.No.11871 of 2017, whereby the learned Single Judge had suspended the Award, dated 28.09.2015, passed in I.D.No.29/2009 on the file of the Industrial Tribunal-cum-Labour Court, Warangal, subject to payment of 50% back wages within a period of six weeks.
2. The brief facts of the case are that the employee- respondent No.1 herein, who was working as a driver, was removed from service by the appellant Corporation on 13.02.2007. The Departmental Appeal preferred by the employee-respondent No.1 herein was rejected on 31.07.2007; even his review petition was also rejected on 12.03.2008. Thereafter, employee-the respondent No.1 herein approached the Industrial Tribunal-cum-Labour Court, Warangal, challenging his removal from service, and seeking reinstatement into service with continuity of service, full back wages and all other attendant benefits. After going through the entire material on record, vide order, dated 28.09.2005, in I.D.No.29 of 2009, the Labour Court has directed the appellant Corporation to reinstate the emoployee-respondent No.1 into service with continuity of service, full back wages, and all other attendant benefits. Aggrieved by the Award, dated 28.09.2005, passed by the Labour Court, the appellant Corporation has filed writ petition wherein a learned Single Judge, at the time of admission of the 3 HCJ & AARJ WA.No.1251/2017 Writ Petition, has passed the impugned order in W.P.M.P. No.14778 of 2017.
3. Today, when the matter is listed, it is submitted by Sri B. Mayur Reddy, the learned Standing Counsel appearing for the appellant Corporation, that at the time of admission of the present Writ Appeal, on 30.08.2017, this Court has passed the following order:
Notice to respondent No.1 Personal service is permitted.
Post on 04.10.2017.
Pending further orders, order, dated 24.04.2017, in W.P.M.P.No.14778 of 2017 in W.P.No.11871 of 2017 of the learned Single Judge is stayed, subject to the appellant reinstating respondent No.1 into service within two weeks from today.
4. The learned Standing Counsel appearing for the appellant Corporation, on instructions, has stated that as per the directions of this Court, dated 30.08.2017, the employee- respondent No.1 herein has been reinstated, and is presently working in the appellant Corporation.
5. In view of the above said submission, there is nothing to be adjudicated in the present Writ Appeal as the appeal is only against an Interlocutory Order, and the said Order is already implemented. The appellant has to work out its remedies in the main writ petition, which is pending before the learned Single Judge.
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6. For the reasons stated above, this Court does not find any illegality or infirmity in the impugned order. This appeal being devoid of merit is, hereby, dismissed.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
______________________________ RAGHVENDRA SINGH CHAUHAN, HCJ __________________ A.ABHISHEK REDDY, J 26th February, 2020.
smr/sur