Telangana High Court
WP/443/2004 of M.Ayyappa Reddy, s/o M.Yerra Reddy, Vs The Depot Manager, on 31 December 2009
SANJAY KUMAR WRIT PETITION NO.443 OF 2004 ORDER: The petitioner, a Conductor in the service of the Andhra Pradesh State Road Transport Corporation (APSRTC), challenges the inaction of the APSRTC upon his representation dated 15.9.2001 as regards payment of his terminal benefits. The
HONOURABLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.443 OF 2004
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ORDER:
The petitioner, a Conductor in the service of the AndhraPradesh State Road Transport Corporation (APSRTC), challengesthe inaction of the APSRTC upon his representation dated15.9.2001 as regards payment of his terminal benefits.
The petitioner was subjected to disciplinary proceedings inrespect of certain cash and ticket irregularities and was removedfrom service on 3.9.1973. He raised a dispute under Section 2-A(2) of the Industrial Disputes Act, 1947 in I.D.No.77 of 1977before the Labour Court, Hyderabad. The Labour Court, by Awarddated 27.3.1978 directed the APSRTC to convert the petitioner’sremoval from the service into discharge simpliciter, whereby hewould entitled for his terminal benefits. The grievance of thepetitioner is that inspite of having made several representations tothe APSRTC, including the one dated 15.9.2001, the APSRTC didno take any steps to settle his terminal benefits.
In its counter affidavit, the APSRTC stated that upon receipt ofthe representation of the petitioner for settlement of his terminalbenefits, the amounts due to him towards Gratuity, Provident Fundetc., were calculated and kept ready but the petitioner failed to comeforward to receive the same.
In the light of the statement made in the counter affidavit, it isfor the petitioner to approach the APSRTC to receive the amountsdue to him towards his terminal benefits, if not already received. Inthe event of the petitioner disputing the quantum of amountscalculated by the APSRTC towards his terminal benefits, it is always open to him to agitate the issue before the appropriateForum in accordance with law. The issue with regard to the allegedinaction on the part of the APSRTC no longer survives foradjudication.
The Writ Petition is disposed of subject to the aboveobservations. No costs.
DECEMBER 31, 2009MSNR/PGS.
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JUSTICE SANJAY KUMAR