Allowed

The Engineer-in-Chief, P.W.D. Major Irrigation, v. M. Hanumaiah

Telangana HC27 Jan 2014WA/93/2014

Case brief

AI extract

What is this about?

The Division Bench modified the Single Judge's dismissal in a writ appeal concerning an absorbed workman. The court ordered reinstatement as a fresh recruit effective from the Labour Court's award date with statutory deductions, distinguishing it from prior batch judgments and addressing seniority.

What did the court decide?

Reinstatement as a fresh recruit from 18-08-1999 with seniority and payment of arrears of wages subject to deductions.

The Engineer-in-Chief, P.W.D. Major… — Pension and Retirement Benefits | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE G.CHANDRAIAH AND

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THE HON’BLE SRI JUSTICE CHALLA KODANDARAM

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WRIT APPEAL No.93 OF 2014

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JUDGMENT: (Per the Hon'ble Sri Justice Challa Kodandaram)

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This writ appeal is filed by the appellants aggrieved by the order of the learned single Judge of this Court in W.P.No.22600 of 2000. While dismissing the Writ petition, the learned single Judge had recorded that the issue involved is squarely covered by the judgment in W.P.No.18847 of 1999 and batch and W.A.No.1160 of 2001 and batch.

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Learned Government Pleader while making submissions would admit that the respondent no.1 in the Appeal was one of the workmen of the Andhra Pradesh State Construction Corporation Limited, (for short ‘the Corporation’), N.S.L.C. Unit, Khammam, which was wound up pursuant to the scheme formulated by the Government, and some of the employees of Corporation were absorbed into the service of the Government. As such, those people who were not absorbed into the service of the Government approached the Industrial Tribunalcum-Labour Court, which had passed the award similar to the awards passed in the present case and which were infact challenged by the Government in W.P.No.18847 of 1999 and batch and the said judgment has been confirmed by a Division Bench of this Court in W.A.No.1160 of 2001 and batch. He further submits that while admitting that the 1st respondent case is similar to that of the case, which was the subject matter of W.P.No.18847 of 1999, that the issue in so far in those cases are concerned the Tribunal ordered only for reinstatement as fresh recruitee, whereas in the present case, the learned Judge of the Industrial Tribunal-cum-Labour Court ordered

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reinstatement of the

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1st respondent into service as a fresh recruitee as Pump Operator with further direction to give seniority to the petitioner as per the seniority list of the order of the appointment.

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Learned Government Pleader would further submit that the 1st respondent was employed temporarily for a period of two years and in fact he did not choose to challenge his retrenchment for about 18 years. This aspect of the matter of the delay in challenging retrenchment without following procedure in Industrial Tribunal’s Act was the subject matter of the Writ Petition and Writ Appeal and in that view of the matter, we are not inclined to go into that aspect.

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On going through the earlier orders of this Court in W.P.No.18847 of 1999 and batch and W.A.No.1160 of 2001 and batch, we find that in the earlier case, only reinstatement as a fresh recruitee was granted. In that view of the matter, we deem it appropriate to modify the order of the learned single Judge to the effect that the 1st respondent shall be given appointment as a fresh recruitee with effect from the date of the award of the Labour Court i.e. 18-081999. Arrears of wages from the date of award till date shall be paid subject to deductions within a period of 12 weeks from the date of receipt of the order in W.A.

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With the above observation, the Writ Appeal is disposed of. There shall be no order as to costs.

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Consequently, W.A.M.Ps, if any, pending in this Writ Appeal shall stand closed.

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________________ G. CHANDRAIAH,J _______________________ CHALLA KODANDARAM,J Date:27-01-2014 Nvl

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THE HON'BLE SRI JUSTICE G.CHANDRAIAH

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AND

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THE HON’BLE SRI JUSTICE CHALLA KODANDARAM