Apsrtc Now Tsrtc vs P. B.Chary
2021 Latest Caselaw 3732 Tel

Citation : 2021 Latest Caselaw 3732 Tel
Judgement Date : 24 November, 2021

Telangana High Court

Apsrtc Now Tsrtc vs P. B.Chary on 24 November, 2021

Bench: Satish Chandra Sharma, A.Rajasheker Reddy

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
        THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                    WRIT APPEAL No.8 of 2019

JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


      The appellants/APSRTC before this Court is aggrieved

by the order dated 26.09.2018 passed in W.P.No.24330 of

2007 by the learned Single Judge granting notional increment

to the respondent/writ petitioner for the period he was out of

employment with all consequential benefits including arrears.

The undisputed facts of the case reveal that the

respondent/writ petitioner was subjected to disciplinary

proceedings and he was removed from service on 04.08.1993.

The order of removal was subjected to judicial scrutiny and

an award was passed by the Industrial Tribunal-cum-Labour

Court, Warangal, on 02.03.2000. The operative paragraph of

the award reads as under:

"In the result, an award is passed by setting aside the order or removal dated 04.08.1993. The respondent shall reinstate the petitioner into service with 50% of back wages from the date of filing of this petition i.e., 05.08.1995 and continuity of service from the date only and after reinstatement in terms of the award one increment of the petitioner shall be stopped with cumulative effect. The petitioner is not entitled for any monetary benefits from the date of suspension till the date of filing of this petition in this Tribunal and the said period shall not be counted for any purpose. This award shall come into force within 30 days from the date of its publication whichever is earlier by virtue of the powers conferred to this Court under Section 17-A of I.D. Act."

Against the aforesaid award, a writ petition was

preferred by the employer and the writ petition was dismissed

i.e., W.P.No.15234 of 2000. Not only this, a writ appeal was

also preferred i.e., W.A.No.1141 of 2000 and the same was

also dismissed and a SLP was also preferred i.e., SLP.No.1331

of 2001 and the same was also dismissed. Meaning thereby,

the award of the Labour Court has become final. As the writ

petitioner was not being granted the benefits flowing out of

the award, he came up before this Court and the learned

Single Judge has passed the following order:

"1. When this matter is taken up for hearing, it is submitted by both the Counsel that the issue raised in this writ petition is squarely covered by the judgment of the Hon'ble Supreme Court in A.P.S.R.T.C. and another vs. S. Narsagoud ((2003) 2 SCC 212) and as per the said judgment, the petitioner is entitled for notional increments for out of employment period.

2. Recording the above submission, the writ petition is disposed of directing the respondents to grant notional increments to the petitioner for out of employment period, with all consequential benefits including arrears, if any. No costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed."

The award passed by the Labour Court made it very

clear that the appellant/Corporation was directed to reinstate

the writ petitioner into service with 50% back wages from the

date of filing of the petition i.e., 05.08.1995 with continuity of

service from the date only and after reinstatement in terms of

the award and it was also held that there shall be

punishment of stoppage of one increment with cumulative

effect. The award further made it clear that the employee

shall not be entitled for any monetary benefit from the date of

suspension till the date of filing of the petition before the

Labour Court and the said period shall not be counted for any

purposes. Meaning thereby, the award directing that the