The Telangana State Road ... vs M.Gangaram
2022 Latest Caselaw 1037 Tel

   THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                              AND
        THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                      WRIT APPEAL No.352 of 2019

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



     The present writ appeal is arising out of order dated 20.09.2018

passed in W.P.No.7718 of 2002.

     The facts of the case reveal that a writ petition was preferred by

the Depot Manger, APSRTC, Bheemgal Depot, Nizamabad District,

being aggrieved by order dated 04.09.2001 passed in P.W. Case No.27

of 2000 by the Authority under Payment of Wages Act, 1936 (for short,

"the Act") and the Assistant Commissioner of Labour, Nizamabad.

The said authority has directed payment of Rs.26,372/- to the first

respondent and Rs.28,412/- to the second respondent in the writ

appeal towards due wages.

The facts of the case reveal that the employees in question were

removed from service and on an appeal they were appointed as fresh

conductors. The matter was adjudicated before the Labour Court in

I.D.Nos.48 and 49 of 1992 and the Labour Court granted continuity of

service vide award dated 28.05.1993. The Corporation thereafter

preferred a writ petition i.e., W.P.No.4557 of 1994 and the same was

dismissed by the learned Single Judge on 21.10.1996. Meaning

thereby, the award of the Labour Court has become final. The

employees were granted continuity of service except back wages. In

the present case, as they were not granted notional increments, they

came before the Assistant Commissioner of Labour by filing a case

under the Act and the Assistant Commissioner of Labour has granted

a sum of Rs.26,372/- and Rs.28,412/- to the employees in question.

The writ petition was of the year 2002 and the writ appeal is of the

year 2019.

Undisputedly, both the employees are not in service. They have

attained the age of superannuation long back. In the considered

opinion of this Court, as the employees are no longer in service, there

is no justification in recovering the amount from them, which they are

claiming, at this juncture and therefore, the question of law is left

open.

The writ appeal is accordingly dismissed.

Miscellaneous applications pending, if any, shall stand closed.

There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J 04.03.2022 ES