WA/377/2006 of The Works Manager, Zonal Works shop, Vs The Industrial Tribunal cum Labour Court on 28 December 2006

:: J U D G M E N T ::

Counsel for the appellant : Shri S.D. Goud for Shri P. Vinayaka SwamyCounsel for the respondents : Shri P. Sreedhara Rao for Shri A.K. JayaprakashRao 28[th] December, 2006

Per G.S. SINGHVI, C.J.

This appeal is directed against order dated 14.03.2005passed by the learned Single Judge in W.P.M.P.No.6567 of 2005 in Writ Petition No.4939 of 2005.

A perusal of the record shows that the dispute raised byrespondent No.2 – M. Harinatha in the matter of regularisation of hisservice as Assistant Cook in APSRTC Zonal Workshop, Kadapa wasreferred by the Government of Andhra Pradesh to Industrial Tribunal-cum-Labour Court, Anantapur (for short, ‘the Tribunal’) under Section10 (1)(c) of the Industrial Disputes Act, 1947. Respondent No.2claimed that even though he was engaged in the canteen run by thecontractor of the Corporation, he was, in fact, an employee of theCorporation and was entitled to be regularised in the establishment ofthe Corporation.

By an award dated 11.08.2004, the Tribunal accepted theclaim set up by respondent No.2 and issued the following direction:

“Respondent is directed to consider the claim of theworkman for regularisation as per the rules prevailing inAPSRTC and till such time, the workman shall be treated ascasual labour of the respondent. For the purpose of countingthe service, the workman shall be deemed to be in servicefrom 1995.”

Feeling aggrieved by the award of the Tribunal, which, prima facie, appears to be innocuous, Works Manager, Zonal WorkShop, APSRTC, Kadapa filed Writ Petition No.4939 of 2005 alongwith W.P.M.P.No.6567 of 2005. While admitting the writ petition andissuing notice to the non-petitioners, the learned Single Judgepassed interim order dated 14.03.2005, which reads as under:

“Interim suspension subject to compliance of Sec.17(B) of the Industrial Disputes Act, 1947.

The learned counsel for the petitioner is permitted totake out personal notice to the unofficial respondent throughRPAD and file proof of service within four weeks, failing which,the interim suspension, shall stand vacated without any furtherreference to the Court.”

The appellant challenged the above re-produced interlocutory order by contending that the learned Single Judge could not haveinvoked the provisions of Section 17(B) of the Industrial DisputesAct, 1947 so as to cast a burden on him to pay last drawn wages torespondent No.2 during the pendency of the writ petition.

At the hearing, learned counsel for respondent No.2produced before us copy of order dated 29.04.2005 passed inW.V.M.P.No.1044 of 2005 in W.P.M.P.No.6567 of 2005, whereby thelearned Single Judge vacated interim order dated 14.03.2005.

In view of the above development, the appeal is liable to bedisposed of as infructuous.

Conclusion

Even otherwise, we are convinced that there was nojustification for the learned Single Judge to have passed interimorder suspending the operation of award dated 11.08.2004, which, asmentioned above, is innocuous. The admission of the writ petition bythe learned Single Judge could, at best, be treated as evidence ofprima facie case being in favour of the appellant. However, the othertwo elements, namely, balance of convenience and irreparable injurywere clearly against the grant of interim order. In our consideredview, an award passed by the Tribunal or Labour Court, whichenables the workman to get some monetary benefits cannot beplaced at a pedestal lower than the money decree passed by theCivil Court and if the Courts are too chary to stay execution ofmoney decrees, it is difficult to fathom any reason why an awardpassed in favour of the workman, who belongs to the lowest strata ofthe society, should be stayed merely for asking.

With the above observations, the appeal is disposed of asinfructuous.

As a sequel to disposal of the appeal as infructuous,W.A.M.P.Nos. 795 and 1467 of 2006 filed by the appellant for interimrelief are dismissed.

G.S.SINGHVI, C.J.

28[th] December, 2006ksld

C.V.NAGARJUNA REDDY, J.