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

TUESDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION Nos: 9143 & 20526 of 2008

WRIT PETITION No: 9143 of 2008

Between:

Y.Bhaskara Rao, S/o. Satyanarayana, 50 years, E-454555, Driver (Under the orders of Retirement on Medical Grounds) R/o. 30-421, Rama Colony, Salur, Vizianagaram District.

...Petitioner

AND

• 1. The Andhra Pradesh State Road Transport Corporation, rep by the Vice-Chairman & Managing Director, Bus Bhavan, Musheerabad, Hyderabad,
• 2. The Andhra Pradesh State Road Transport Corporation, rep by the Regional Manager, North East Coastal Region, Vizianagaram, Vizianagaram District.
• 3. The Andhra Pradesh State Road Transport Corporation, rep by the Depot Manager, Salur Depot, Salur, Vizianagaram District.
• 4. The Andhra Pradesh State Road Transport Corporation, rep by the Depot Manager, Parvathipuram Depot, Parvathipuram, Vizianagaram District.

...Respondents

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 a Writ, order or Directions, more particularly one in the nature of Writ of Mandamus, a) to direct the Respondents to pay the Terminal Benefits to the petitioner herein; b) to direct the Respondents to pay the Additional Monetary Benefit in lieu of opted for retirement from the services on Medical Grounds. c) To direct the respondents to pay the interest @ 24 % per annum w.e.f. 21.09.2007 on delay of the payments, d) to award costs, by holding the inaction of the Respondents herein for not paid the Terminal Benefits and the Additional Monetary Benefits in lieu of opted for retirement on Medical Grounds as bad, illegal, irrational, illogical, bad, arbitrary, discriminatory, void, violative of Rules and Regulations and also violative of Article 14, 16 and 21 of the Constitution of India.

I.A. NO: 1 OF 2010(WPMP. NO: 34245 OF 2010)

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 direct the respondents to pay the Additional Monetary Benefit to the Petitioner herein.

I.A. NO: 1 OF 2008(WPMP. NO: 12094 OF 2008)

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 pay the Anticipatory Terminal Benefits and Additional Monetary Benefit to the Petitioner herein forthwith.

I.A. NO: 1 OF 2016(WPMP. NO: 38395 OF 2016)

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 fix an early date for hearing.

I.A. NO: 1 OF 2011(WPMP. NO: 19945 OF 2011)

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 fix an early date for hearing.

Counsel for the Petitioner: SRI TADDI NAGESWARA RAO

Counsel for the Respondents: SRI VINOD KUMAR TARLADA, (SC FOR APSRTC)

WRIT PETITION NO: 20526 OF 2008

Between:

The Depot Manager, A.P.S.R.T.C Salur Vizianagaram District.

...Petitioner

AND

• 1. Regional Secretary, National Mazoor Union Vizianagaram Representing Y.B. Rao Driver E 454555.
• 2. The Industrial Tribunal Cum, Labour Court Visakhapatnam Rep.by Chairman cum Presiding Officer.

...Respondents

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 a writ or order or direction more particularly one in the nature of writ of Certiorari and call for the records pertaining to the impugned Award dt 28-8-2006 made in I.D No.41 of 2004 by the 2^nd respondent published on 10-10-2006 in G.O.Rt.No.2124 and set aside the same as illegal arbitrary and contrary to Law.

I.A. NO: 1 OF 2009(WVMP. NO: 1661 OF 2009)

Between:

Regional Secretary, National Mazoor Union Vizianagaram Representing Y.B Rao Driver E 454555.

...Petitioner/Respondent No.1

AND

1. The Depot Manager, A.P.S.R.T.C., Salur Vizianagaram District.

...Respondent/Petitioner

2. The Industrial Tribunal Cum, Labour Court Visakhapatnam Rep.by Chairman cum Presiding Officer.

...Respondent No.2

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 vacate the interim Directions Dated 19-09-2008 granted in W.P.M.P.No.26801 of 2008 in W.P.No.20526 of 2008

I.A. NO: 1 OF 2008(WPMP. NO: 26801 OF 2008)

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 order stay of execution of Award dt 28-8-2006 made in I.D.No.41 of 2004 passed by the $2^nd$ respondent published in G.O.Rt.No.2124, dt.10-10-2006.

Counsel for the Petitioner: SRI VINOD KUMAR TARLADA (SC FOR APSRTC)

Counsel for the Respondents: GP FOR LABOUR

Counsel for the Respondents: SRI TADDI NAGESWARA RAO

The Court made the following common order:

THE HON'BLE SRI JUSTICE HARINATH NUNEPALLY

WRIT PETITION Nos.9143 and 20526 of 2008

COMMON ORDER;

In W.P.No.9143 of 2008 is filed by the petitioner challenging the non payment of Terminal Benefits of the petitioner and also a direction seeking Additional Monetary Benefits in lieu of opted for retirement on medical grounds along with the interest @ 24% per annum w.e.f. 21.09.2007 on the delay of payments.

2. The respondents have filed W.P.No.20526 of 2008 challenging the Award dated 28.08.2006 in I.D.No.41 of 2004 passed by the Industrial Tribunal-Cum-Labour Court, Vishakapatanam. The Labour Court has directed the petitioner .was entitled for reinstatement into service with back wages and continuity of service.

3. The facts of the case would show that the petitioner while on service as Driver was involved in a fatal accident on 06.05.2002 and the enquiry was conducted on the incident and the report was submitted. Based on the enquiry report, the petition was filed on 02.12.2002. The petitioner challenged the order of removal before the appropriate authority and ultimately filed I.D.No.41 of 2004 before the Industrial Tribunal-Cum-Labour Court, •Vishakapatanam, after considering all the evidences, has arrived at a conclusion to set aside the order of dismissal, dated 02.12.2002 and consequently, directed the respondents to reinstate the workman into service.

4. This Court on 24.04.2008 directed the respondents to release the amount of gratuity payable to the petitioner. This Court on 19.09.2008 in W.P.No.20526 of 2008, granted interim stay on the award of the Industrial Tribunal-Cum-Labour Court,, Vishakapatanam, subject to the deposit of 50% of the back wages awarded by the Labour Court, within a period of six weeks from that day i.e., 19.09.2008.

5. It is informed that the directions of this Court, dated 19.09.2008 have been complied with and the petitioner in W.P.No.9143 of 2008 has withdrawn the said ground. Now the issue with regard to, whether the petitioner is entitled for a relief as claimed in W.P.No.9143 of 2008, seeking a direction to pay all Terminal Benefits and Additional Monitory Benefits and interest is, to be considered.

6. The respondent-corporation has drawn the attention of this Court towards the amounts already paid to the petitioner towards gratuity and other benefits and further stated that the Additional Monitory Benefits to his medical retirement as per the revised guidelines is yet to be finalized.

2

Considering the facts and circumstances of the case, I find $7.$ that there is no ground to interfere in the Award passed by the Labour Court in I.D.No.41 of 2004.

Accordingly, the W.P.No.20526 of 2008 is dismissed. 8. W.P.No.9143 of 2008 is partly allowed, directing the respondents to pay the benefits as the petitioner is entitled for in terms of the Award passed in I.D.No.41 of 2004.

Accordingly, the Writ Petitions are disposed of in the above directions. There shall be no orders as to costs.

Miscellaneous applications, pending if any, shall stand closed.

Sd/- M. SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER

To.

• 1. The Vice-Chairman & Managing Director, Andhra Pradesh State Road Transport Corporation, Bus Bhavan, Musheerabad, Hyderabad.
• 2. The Regional Manager. Andhra Pradesh State Road Transport Corporation. North East Coastal Region, Vizianagaram, Vizianagaram District.

//TRUE COPY//

• 3. The Depot Manager, Andhra Pradesh State Road Transport Corporation, Salur Depot, Salur, Vizianagaram District.
• 4. The Depot Manager, Andhra Pradesh State Road Transport corporation. Parvathipuram Depot, Parvathipuram, Vizianagaram District.
• 5. The Regional Secretary, National Mazoor Union Viziangaram Representing Y.B Rao Driver E 454555
• 6. The Chairman cum Presiding Officer, Industrial Tribunal Cum, Labour Court Visakhapatnam.
• 7. One CC to Sri Taddi Nageswara Rao, Advocate [OPUC]
• 8. One CC to Sri Vinod Kumar Tarlada (SC for APSRTC) [OPUC]
• 9. Two CCs to GP for Labour, High Court of Andhra Pradesh. [OUT] 10. Two CD Copies

RAM gl

Nazineen

HIGH COURT

DATED:21/11/2023 $\mathcal{M}_{\mathcal{M}}$

COMMON ORDER

WP.Nos.9143 & 20526 of 2008

DISPOSING THE WP's WITHOUT COSTS