Partly allowed

The Depot Manager, Apsrtc, v. J.v.Rathnam

Telangana HC8 Aug 2017WA/519/2009

Case brief

AI extract

What is this about?

In this Writ Appeal, the High Court largely set aside the Labour Court Award and the single Judge's confirmation order but limited the relief to 50% back-wages. The court directed the legal representatives of the deceased respondent to approach the appellant for calculation details. If any balance of the 50% payment remains undeposited, the appellant must pay it upon representation.

What did the court decide?

Award dated 30.06.2006 was set aside, limiting back-wages to 50%. Legal representatives directed to obtain calculation sheet and claim balance due.

The Depot Manager, Apsrtc, Vs J.v.Rathnam — Labour and Industrial Disputes | Telangana HC (2017)

¶1

HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON’BLE SRI JUSTICE GUDISEVA SHYAM PRASAD

¶2

WRIT APPEAL No.519 of 2009

¶3

Date: 08.08.2017

¶4

Between :

¶5

The Depot Manager, APSRTC, Madhira Depot, Khammam District

¶6

… Appellant

¶7

And

¶8

J.V. Rathnam and another.

¶9

… Respondents

¶10

COUNSEL FOR THE APPELLANT : Mr. B. Mayur Reddy COUNSEL FOR RESPONDENT No.1 : Mr. A.K. Jaya Prakash Rao

¶11

COUNSEL FOR RESPONDENT No.2 : G.P. for Labaour

¶12

THE COURT MADE THE FOLLOWING:

CVNR,J & GSP,J

W.A.No.519 of 2009

JUDGMENT : (per Hon’ble Sri Justice C.V. Nagarjuna Reddy)

¶17

This Writ Appeal is filed against the order dated 02.04.2007 in W.P.No.6563 of 2007, whereby the learned single Judge has confirmed the Award of the Labour Court, by which the order of removal of respondent No.1 was set aside by awarding full back-wages and continuity of service.

¶18

At the hearing, learned counsel for the appellant submitted that the conditional interim order dated 18.04.2009 passed by this Court was complied with by depositing 50% of the back-wages and during the pendency of the writ appeal, respondent No.1 died and WAMP(SR).No.144542 of 2017 is filed to bring on record his legal representatives.

¶19

Sri A.K. Jayaprakash Rao, learned counsel for respondent No.1 submitted that though his client is satisfied with 50% of the back-wages, he is not aware as to whether the appellant has fully satisfied the aforesaid conditional interim order by depositing 50% of the back-wages. He further submitted that if the appellant’s counsel furnishes the Calculation Memo that would satisfy his client’s claim.

¶20

In the light of the above, the Writ Appeal is partly allowed, by setting aside the Award dated 30.06.2006 in I.D.No.220 of 2003 passed by the Labour Court, Warangal, as confirmed by the learned single Judge, by order dated

¶21

3 CVNR,J & GSP,J W.A.No.519 of 2009

¶22

02.04.2007 in W.P.No.6563 of 2007, however, limiting awarding of back-wages to 50% only. The legal representatives of respondent No.1 may approach the appellant – A.P. State Road Transport Corporation for providing Calculation Sheet containing the details of the amount deposited in order to comply with the aforesaid conditional interim order. If any part of the amount, representing 50% of the back-wages has not been deposited, on a representation made by the legal representative of respondent No.1, the appellant shall consider the same and pay the balance amount, if any, due to respondent No.1.

¶23

_____________________________
C.V. NAGARJUNA REDDY, J
________________________________
GUDISEVA SHYAM PRASAD, J
08.08.2017.
Msr

CVNR,J & GSP,J

W.A.No.519 of 2009

HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND

¶28

HON’BLE SRI JUSTICE GUDISEVA SHYAM PRASAD

¶29

WRIT APPEAL No.519 of 2009

08.08.2017 Msr

CVNR,J & GSP,J

W.A.No.519 of 2009

The Depot Manager, Apsrtc, v. J.v.Rathnam

Case brief

What is this about?

What did the court decide?

The Depot Manager, Apsrtc, v. J.v.Rathnam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Central Power Distribution Comopany of Ap Ltd., Vs Rahemat Ali

The State of Telangana, Vs N. Anjaneyulu

G.Nagabhushanam Naidu Vs The Union of India

The Principal, Vs Dr.Deen Dayal Bung. Ms (General Surgery)

The Secretary, Vs B. Krishna

The Depot Manager, Vs Sri K.R.Goud