Dismissed

Depot Manager, Apsrtc, Nandyal. v. D.Y. Dass and Ano.

Andhra Pradesh HC24 Jan 2024WP/19833/2011

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition and interim application challenging an Industrial Tribunal award that reinstated a conductor. Noting the respondent had already retired, the Court found no grounds to interfere with the award regarding continuity of service and benefits.

What did the court decide?

Writ Petition No. 19833 of 2011 dismissed; Interim Application No. 1 of 2011 closed; no order as to costs.

Depot Manager, Apsrtc, Nandyal. Vs… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

1 W-

IN THE HIGH COURT OF ANDHRA PRADESH::AMAffA^ (Special Original Jurisdiction)

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THURSDAY, THE TWENTY FIFTH DAY OF JANUAM5/^^«b^ TWO THOUSAND AND TWENTY FOUR

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PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 19833 OF 2011

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Between:

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Depot Manager, APSRTC, Nandyal., Nandyal Kurnool District.

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...Petitioner

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AND

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D.Y. Dass, S/o. Devadas Conductor E.401916, R/o. 26/194-C,

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Gnanapuram, Nandyal, Kurnool District.

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The Chairman cum Presiding Officer, Industrial Tribunal cum Labour Court, Anantapur. ...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to I.D. No.208 of 2009 on the file of Industrial Tribunal cum Labour Court, Anantapur and quash the Award dated 07.01.2011

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LA. NO: 2 OF 201irWPMP. NO: 24018 OF 2011)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Award dated 07.01.2011 made in I.D. No. 208 of 2009 on the file of Industrial Tribunal cum Labour Court Anantapur, pending disposal of the above Writ Petition.

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I.A. NO: 1 OF 201irWVMP. NO: 3119 OF 2011^

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Between:

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D.Y. Dass, S/o. Devadas Conductor E.401916 R/o. 26/194-C Gnanapuram, Nandyal, Kurnool District.

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...Petitioner

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AND

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Depot Manager, APSRTC, Nandyal, Nandyal Kurnool^District. 2. The Chairman cum Presiding Officer, Industrial Tribunal cum Labour Court, Anantapur.

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...Respondents

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim orders passed on 15-07-2011 in WPMP No. 24018 of 2011 in WP No. 19833 of 2011.

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Counsel for the Petitioner: SRI. K VISWANATHAM (SC FOR APSRTC) Counsel for the Respondent No.1: Sri T V S PRABHAKARA RAO (SC) Counsel for the Respondent No.2: GP FOR LABOUR

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The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE HARINATH. N

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WRIT PETITION No. 19833 of 2011

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ORDER;

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The petitioner is challenging Award dated 07.01.2011 passed in I.D.No.208 of 2009 on the file of the Chairman-CumPresiding Officer, Industrial Tribunal-Cum-Labour Court, Anantapur, whereby the petitioner was directed to reinstate^the respondent No. 1 into service with continuity of service. attendant benefits but without back wages on the principle^of no work no pay”.

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The respondent No.l was employed as a Conductor in^the year, 1987 and while he was conducting bus on 27.12.2008^a surprise check was conducted and certain cash and ticket irregularities were found and issued charge sheet and^invited

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an explanation from the respondent No.l. After a thorough enquiry, the disciplinary authority issued a show cause notice for removal of the respondent No.l and finally^removed from service. Aggrieved by the said removal order the respondent no.l preferred an appeal and review before^the appropriate authorities and the same were rejected. Thereafter, the l®t respondent approached the Industrial

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HN,J W.P.No.19833 of 2011

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Tribunal-Cum-Labour Court, Anantapur, filed I.D.No.208 of 2011. The labour Court after going through the issue in detail has set aside the orders of removal passed against^the respondent No.l and directed the respondent No.l to be reinstated into service with continuity of service, attendant benefits but without back wages on the principal of^‘nowork no pay’.

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Learned counsel for the petitioner submits that the respondent No.l was reinstated in service and also^attainedthe This Court vide order dated age of superannuation by now. 15.07.2011 has granted interim stay of the Award on^grantof continuity of service and attendant benefits.

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Considering the said fact, as the respondent No.l has attained the age of superannuation, the respondent^No.lmay be extended the continuity of service and attendant^benefits due payable to him for the service rendered by him to the petitioner-corporation. This Court finds no grounds^tointerfere with the Award passed by the labour Court, Anantapur.

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Accordingly, the Writ Petition is dismissed. There^shall be no order as to costs.

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HN, J 3 W.P.No.19833 of 2011

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As a sequel miscellaneous application, pending, if any

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shall also stand closed.

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Sdl- M SRINIVAS //TRUE COPY// ASSISTANT FH^GISTRAR . SECTION OFFICER 1

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To J

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One CC to SRI K Viswanatham (SC FOR APSRTC) Advocate [OPUC]

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Two CCs to GP for Labour, High Court of Andhra Pradesh [OUT]

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One CC to SRI T.V.S Prabhakara Rao, Advocate [OPUC]

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Three CD Copies

MBT

HIGH COURT

DATED:25/01/2024

ORDER

WP.No.19833 of 2011

DISMISSING THE W.P

WITHOUT COSTS

Depot Manager, Apsrtc, Nandyal. v. D.Y. Dass and Ano.

Case brief

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What did the court decide?

Depot Manager, Apsrtc, Nandyal. v. D.Y. Dass and Ano.

Case brief

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What the court decided

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