Telangana High Court
WP/6879/2003 of The A.P.State Road Transport Corporation, Vs Sri V. Rama Raju on 31 December 2007
SRI JUSTICE GODA RAGHURAM W.P.NO. 6879 OF 2003 DATED: 31.12.2007 Between: The APSRTC, represented by its Managing Director and another … Petitioners and V. Rama Raju (died) per Legal Representatives … Respondents HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO. 6879 OF 2003
HON’BLE SRI JUSTICE GODA RAGHURAM
W.P.NO. 6879 OF 2003
DATED: 31.12.2007
Between:The APSRTC, represented by itsManaging Director and another … PetitionersandV. Rama Raju (died) per LegalRepresentatives … Respondents HON’BLE SRI JUSTICE GODA RAGHURAM
W.P.NO. 6879 OF 2003
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ORAL ORDER:
This is a writ petition filed by the A.P. State Road TransportCorporation (‘the Management’ for short), against the Award dated18.7.2002 in I.D.No. 249/96 of the Labour Court, Guntur.
By the said Award, the Labour Court had invalidated the orderdated 8.12.1992, removing the 1[st] respondent-workman herein (‘theworkman’ for short) from service, pursuant to a purported disciplinaryinquiry, for unauthorized absence. The Labour Court held that theManagement had erroneously recorded the conclusion ofunauthorized absence. Without evaluating the genuineness of themedical certificate presented by the workman, in support of hisabsence, the charge of unauthorized absence could not beestablished and there was probative evidence to support theconclusion. Regarding another charge of irregular attendance, theLabour Court held that there was no evidence in support of that chargeeither, and therefore none of the charges are established and the orderof removal was unsustainable. Consequently, the Management was directed to reinstate the workman into duty with continuity of serviceand back wages, from the date of termination to the date of the Award.
When the writ petition is taken up for hearing, the learnedcounsel for the respective parties have submitted that both partieswant to compose their disputes in the matter. Sri C. Prakash Reddy,the learned Standing Counsel for the Management submits that theissue has been considered by the Corporation and it has beendecided to award 50% back wages to the legal representatives of theworkman (respondents 2 to 4) for the period from the date oftermination i.e., 8.12.1992 till the date of the Award of the Labour Courti.e., 18.7.2002. The Management has graciously taken this decision inview of the fact that the workman has died pending the writ petition, on18.3.2007. The learned counsel for the respondents 2 to 4 (the legalrepresentatives of the deceased-workman), has agreed, oninstructions from his clients, to the aforesaid offer of the Management.
In the circumstances, the writ petition is disposed of recordingthe agreement between the parties that the Management shall withintwo weeks from the date of receipt of a copy of this order, pay to therespondents 2 to 4, 50% of the back wages due and payable to theworkman from 8.12.1992 till the date of the Award i.e., 18.7.2002. Therespondents 2 to 4 (legal representatives of the deceased-workman)shall also be entitled to any other terminal benefits (which could becomputed in monetary terms) due and payable to the deceased-workman, in view of the Award of the Labour Court, which hasdeclared the penal termination of the workman to be invalid. Thiscomponent (of the monetary aspect of the terminal benefits) shall also be paid to the respondents 2 to 4 and within a period of 4 weeks fromthe date of receipt of a copy of this order. There shall be no order as tocosts.
------------------------------- GODA RAGHURAM, JDate: 31.12.2007
GODA RAGHURAM, J
Note: CC as soon as possible.
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