THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.358 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
21.08.2018 in W.P.No.11552 of 2002 passed by the learned Single
Judge.
The facts of the case reveal that the writ petitioner was
appointed as a Driver and on account of an accident, a
departmental enquiry took place. He was removed from service by
an order dated 28.12.1992 and the same was subjected to judicial
scrutiny and the Labour Court in I.D.No.146 of 2000 passed an
award and the removal order was modified to that of reinstatement
into service in a lower post. The benefit of continuity of service was
also granted by the Labour Court. The writ petitioner being
aggrieved by reversion to a lower post preferred a writ petition and
the learned Single Judge has allowed the writ petition directing his
reinstatement with continuity of service and notional increments
without back wages.
The present writ appeal has been preferred by the employer
and it has been stated that if the order passed by the learned
Single Judge is given effect to, it will result in financial loss to the
writ petitioner, as the writ petitioner, after reinstatement, has
received two promotions. The post now held by the writ petitioner
is higher than that of the Driver.
2
When confronted with the aforesaid situation, the learned
counsel for respondent No.1/writ petitioner in the writ appeal was
fair enough in making a statement before this Court that the writ appeal be disposed of and the benefit of continuity in service be granted to the workman.
This Court has carefully gone into the order passed by the learned Single Judge and is of the opinion that the prayer made by the writ petitioner is justified. Accordingly, the order passed by the learned Single Judge is set aside only to the extent it directs the employer to reinstate the writ petitioner as Driver. However, the writ petitioner shall be entitled to continuity of service with notional increments without back wages as awarded by the Labour Court.
With the aforesaid, the writ appeal stands disposed of. Miscellaneous petitions, if any, pending in this writ appeal shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 12.11.2021 ES