Proceeding Sheet vs Learned Counsel For The
2022 Latest Caselaw 8946 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                    MAIN CASE: W.P. No. 9 of 2021

                          PROCEEDING SHEET

Sl.                                                                              Office
        DATE                                ORDER
No                                                                               Note
13.   23.11.2022 TRR, J

                      The    Joint       Commissioner          of    Labour,
                Guntur referred the matter under Section 10-1
                of the Industrial Dispute Act to the Industrial
                Tribunal-cum-Labour            Court,         Guntur       for
                adjudication in relation to implementation of pay
                scales in 9th and 10th PRC, enhancement of
                retirement age and for other benefits of the non
                teaching staff against the management of NBKR
                Institute of Science and Technology.                Upon the
                adjudication of the matter, the Tribunal passed
                the award held that the respondents herein who

are non teaching employees of the petitioner herein are entitled for the PRC and also for enhancement of the age, in view of the G.O.Ms.No.153, dated 16.05.1994 and G.O.Ms.No.174, dated 31.07.1993

Aggrieved by the said order of the Industrial Tribunal in I.D.No.32 of 2017, the Writ Petition came to be filed. The petitioner herein also filed another writ petition in W.P.No.10232 of 2022 on the ground that the Government has not notified the award under Section 17 of the Industrial Disputes Act within the stipulated period of 30 days, hence, the award has been barred by limitation. While the

said writ petition has been taken for adjudication, the counsel for the petitioner has withdrawn the said writ petition in view of the judgment of the Hon'ble Apex Court in Remington Rand of India Limited v. Workmen reported in AIR 1968 SC 224.

Learned counsel for the respondent would submit that the employees are starving for food and some of the employees have been died and their families are penurious, filed counter affidavit and prayed to dismiss the writ petition.

The dispute is for the implementation of PRC. On the contentions raised by both the parties, a detailed hearing and counter is required. Learned counsel for the petitioner on instructions agreed to deposit an amount of Rs.2,00,00,000/- (Rupees two crores only) as against the amount of Rs.10,00,00,000/- (Rupees ten crores) approximately which is payable by the petitioner herein and expressed his inclination for deposit of Rs.3,00,00,000/- (Rupees three crores only). As the said amount is very meager amount and in the interest of both the parties and in the interest of justice, this Court is inclined to direct the petitioner herein to deposit an amount of Rs.4,00,00,000/- (Rupees four crores)

In view of the same, there shall be an interim stay of all further proceedings in I.D. No.32 of 2017, on the file of the Chairman

Industrial Tribunal-cum-Presiding Officer, Labour Court, Guntur, with a condition to deposit an amount of Rs.4,00,00,000/- (Rupees four crores) by the petitioner within a period of two (2) months from today. Failing which, the respondents herein may proceed in accordance with law against the petitioners. This Court is also hereby directed the petitioner herein to implement PRC as per the G.O.Ms.Nos.52 and 46 respectively.

Post after two (2) months.

_______ TRR,J Harin