Telangana High Court
WP/14027/2004 of SD. ZAHOOR, Vs APSRTC, ADILABAD BUS DEPOT, ADILABAD, on 28 December 2018
ABHINAND KUMAR SHAVILI W.P.No.14027 of 2004 ORDER: This writ petition is filed seeking to issue a writ of certiorari calling for the records relating to and connected with I.D.No.58 of 1998 on the file of the Industrial Tribunal- cum-Labour Court, Godavarikhani and quash the award dated
HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
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ORDER:
W.P.No.14027 of 2004
This writ petition is filed seeking to issue a writ of certiorari calling for the records relating to and connected with I.D.No.58 of 1998 on the file of the Industrial Tribunal-cum-Labour Court, Godavarikhani and quash the award dated 16.02.2001 passed therein, holding it as illegal and arbitrary.
Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent. Corporation.
Learned counsel appearing for the petitioner contends that while setting aside the order of removal, the Labour Court ought to have granted continuity of service for the purpose of terminal benefits without monetary benefits, but it denied the consequential reliefs; and that pursuant to the order of the Labour Court, the petitioner was reinstated into service.
Learned Standing Counsel appearing for the respondent-Corporation contends that the Labour Court has rightly passed the impugned award and no interference is called for from this Court.
Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that the Labour Court ought to have granted continuity of service at least for the purpose of terminal benefits, without monetary benefits.
Accordingly, the Writ Petition is disposed of directing the respondent-Corporation to treat the reinstatement of the petitioner into service with continuity of service for the purpose of terminal benefits, without monetary benefits. In all other aspects, the rest of the award is confirmed. No costs.
Miscellaneous petitions, if any, pending shall stand closed.
28[th] December, 2018 cbs
________________________________ JUSTICE ABHINAND KUMAR SHAVILI
cbs
HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.P.No.14027 of 2004 (disposed of)
28[th] December, 2018