P.Hari, Chittoor Dist. vs K.V. Murali Krishna, Spsr Nellore ...
2022 Latest Caselaw 2670 AP

              HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                         MAIN CASE No.C.C.No.233 of 2017
                                    PROCEEDING SHEET

Sl.No     DATE                                                                   Office
                                             ORDER

Note 22.06.2022 RRR, J

The petitioner had worked with M/s. APSRTC as Assistant Mechanic from 15.11.1998 to 21.02.2001 when his services were terminated. The challenge to the said termination was negatived by the Industrial Tribunal on the ground that there is no employee employer relationship. This order was challenged before the combined High Court of Hyderabad for the state of Telangana and the State of Andhra Pradesh in W.P.No.7145 of 2017. A learned Single Judge of the combined High Court by order dated 22.11.2013 had held that the petitioner had been directly employed by the Corporation and as such would be entitled for the award of certain reliefs. This order was modified by a Division Bench by order dated 27.11.2017 in W.A.No.1772 of 2017. The Division Bench while affirming the order of the learned Single Judge, had directed that the employee would be entitled to back wages from the date of the judgment of the learned Single Judge together with all consequential benefits.

The Corporation had reinstated the employee and had paid certain back wages. However, a dispute arose on the quantum of back wages that were required to be paid by the Corporation.

It is the case of the learned counsel for the petitioner that the petitioner is entitled to regular scale of pay payable to all the employees with the designation of Assistant Mechanic (which is said to have been changed to "Shramik").

Learned counsel appearing for the Corporation submits that the employees who had been engaged

on contract basis would not be entitled to regular scale of pay and would only be entitled to daily wages, which have already been paid.

A perusal of the order of the learned Single Judge and the Division Bench would go to show that there was a finding that the employee is directly employed by the Corporation. The question whether such employment was regular employment or employment on daily wage basis has not been referred to or answered.

The learned counsel appearing for the petitioner submits that irrespective of the nature of employment, the employee would be entitled for the same scale of pay as similarly situated employees and relies upon the judgment of the Hon'ble Supreme Court in the case of State of Panjab and ors., vs. Jagjit Singh and ors.,1.

Learned counsel for the Corporation seeks time to obtain instructions as to the scale of pay being given to the Assistant Mechanic/ Shramik and whether such persons are working on daily wage basis or on a consolidated basis.

Post on 06.07.2022.

_________ RRR, J Js.

(2017) 1 SCC 148