Telangana High Court
WP/24358/2006 of The Depot Manager, APSRTC., Vs T. Jayaramaiah, on 27 December 2006
SRI JUSTICE N.V. RAMANA W.P. Nos. 22102, 23636, 23846, 23867, 23885 and 24358 of 2006. Common Order: Since the facts involved in all the writ petitions are identical in nature, they are being disposed of by this common order. The respondents-workmen were appointed as Casual Drivers in
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Conclusion
W.P. Nos. 22102, 23636, 23846, 23867, 23885 and 24358 of 2006.
Common Order:
Since the facts involved in all the writ petitions are identical in nature, they are beingdisposed of by this common order.
The respondents-workmen were appointed as Casual Drivers in the petitioners-Corporation on the basis of the driving licences produced by them. Subsequently, ona thorough investigation conducted by the authorities of the Corporation, it wasrevealed that the driving licences produced by the respondents-workmen are notgenuine. Subsequently, show-cause notices were issued to each of therespondents-workmen and the respondents-workmen submitted their explanationscontending that the driving licences issued by the licensing authorities are genuine.Not satisfied with the said explanations, termination orders were passed by therespective Depot Managers against the respondents-workmen. Against the saidtermination orders, the respondents-workmen raised industrial disputes in I.D. Nos.332 of 2003, 14 of 2003, 328 of 2003, 331 of 2003, 329 of 2003, and 333 of 2003respectively, and the Labour Court, Anantapur, after considering the evidenceadduced by both the parties, by reason of the awards impugned herein, directed thepetitioners-Corporation to reinstate the respondents-workmen herein with continuityof service but without attendant benefits and back wages. Aggrieved by the saidaward, the petitioners-Corporation filed the present writ petitions.
Heard the learned counsel for the petitioners-Corporation and the learned counselfor the respondents-workmen at length and perused the impugned awards of theLabour Court.
During the course of arguments, it is submitted by both the counsel that earlier whensimilarly placed persons approached the Labour Court, the Labour Court, bycommon award dated 19.06.2004 passed in I.D. No. 106 of 2002 and batch, directedthe Corporation to appoint the petitioners-workmen therein as drivers afresh byextending the benefit of Circular No.P4/684(7)/2000 RM(A), dated 31.08.2000 for thepurpose of calculating the period of three years valid driving licence. Relying on thesame, both the counsel agreed for modification of the impugned award of the LabourCourt, which directed reinstatement of the respondents-workmen with continuity ofservice to that of appointment of respondents-workmen as Drivers afresh byextending the benefit of Circular No.P4/684(7)/2000 RM(A), dated 31.08.2000 asawarded by the Labour Court in I.D. No.106 of 2002 and batch.
The Labour Court, in I.D. No.106 of 2002 and batch, held thus.
to appoint the petitioners as drivers afresh. The respondents also shall takeinto consideration the circular issued by Regional Manager, APSRTC,Tirupati, No.P4/684 (7)/2000 RM(A), dated 31.08.2000 for the purpose ofcalculating the period of 3 years valid driving licence. If any one of thepetitioner has not furnished the genuine driving licence which he hadobtained prior to or subsequent to their selection to the Regional Manager asper the above referred circular, such petitioners are directed to submit theirsuch licences to the respondents within a period of one month from the dateof publication of this Award. The respondent shall also take into considerationthe period of service rendered by the petitioners previously for the purpose ofcalculating 3 years period of valid driving licence.
Having regard to the fact that the similarly placed persons were directed to bereinstated as Drivers afresh by extending the benefits of Circular, dated 31.08.2000,and having regard to the agreed stand taken by both the counsel, I deem itappropriate to dispose of the writ petitions with the following modification.
The impugned awards of the Labour Court, which directed reinstatement ofthe respondents-workmen into service with continuity of service is modified to that ofreinstatement of the respondents-workmen into service as Drivers afresh byextending the benefits of Circular, dated 31.08.2000. The petitioners-Corporation isdirected to appoint the respondents-workmen as drivers afresh by extending thebenefits of Circular dated 31.08.2000 for the purpose of calculating the period ofthree years valid driving licence. The petitioners-Corporation shall take intoconsideration the period of service rendered by the respondents-workmenpreviously for the purpose of calculating three years period of valid driving licence.
Accordingly, the writ petitions are disposed of. No costs.
Date: 27.12.2006NSR/ISL
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N.V. RAMANA, J.