The court disposed of a writ petition wherein the petitioner challenged non-implementation of a Labour Court award regarding pay fixation. The petitioners seeking direction to the respondents to consider and dispose of a representation within two months.
Respondents directed to consider and dispose of the petitioner's representation dated 27.08.2014 within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R.KANTHA RAO
W.P.No.37823 of 2014
ORDER:
Heard learned counsel appearing for the petitioner and the learned Standing Counsel for APSRTC appearing for the respondents.
This Writ Petition is filed seeking to declare the action of the respondents in not fixing the pay of the petitioner as per the Award dated 22.04.2014 passed in I.D.No.4 of 2013 by the Labour Court-II, Hyderabad, as arbitrary and illegal.
The petitioner was appointed as Conductor on 01.07.1990 in the respondent-Corporation. While so, on the ground of un-authorized absenteeism, the respondentCorporation issued charge sheet dated 21.02.2007 to the petitioner. Subsequently, the petitioner was removed from service on 11.07.2007. Aggrieved by the same, the petitioner preferred an appeal, which was rejected on 24.07.2010. Challenging the same, the petitioner preferred revision before the 2nd respondent, who in turn, while reinstating the petitioner into service, reduced the basic pay by two
incremental stages, which shall have effect on his future increments and the period between the date of removal and the date of reinstatement was treated as not on duty. Subsequently, the petitioner was reinstated into service on 06.11.2011. Thereafter, he raised I.D.No.4 of 2013 before the Labour Court-II, Hyderabad, which in turn, while holding that the petitioner is entitled to continuity of service and attendant benefits, modified the punishment to that of stoppage of one increment with cumulative effect and the period of absence was treated as ‘not on duty’, vide order dated 02.04.2014. Hence, he made a representation dated 27.08.2014 to the 3rd respondent and also approached the 2nd respondent for implementation of the said award. But, so far no orders have been passed thereon.
Learned counsel appearing for the petitioner submits that though the Labour Court passed the Award as far back as on 22.04.2014, the respondents have not taken any steps for implementation of the said Award. He further submits that the representation dated 27.08.2014 made by the petitioner is still pending with the respondents.
In that view of the matter, the respondents are directed to consider and dispose of the representation made by the petitioner on 27.08.2014, whereunder he sought fixation of his pay with consequential benefits in terms of the Award dated 22.04.2014 passed in I.D.No.4 of 2013, within a period of two months from the date of receipt of a copy of this order.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
_________________ R.KANTHA RAO,J
09th December, 2014 rkk
2 issues framed by the court
Whether the respondents are directed to dispose of the petitioner's representation seeking pay fixation as per the Labour Court award.
Whether the respondents are directed to implement the Award dated 22.04.2014 in I.D.No.4 of 2013.
Petitioner
APSRTC
R.KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
