Andhra Pradesh High Court

WP/11052/2024 of MD P ISMAIL Vs The Andhra Pradesh State Road Transport Corporation on 10 August 2026

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1 APHC010218782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 11th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 11052 OF 2024 Between: 1. MD P ISMAIL, S/o Abdul Khadeer, aged 58 years E.No. 404244, Jr.

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APHC010218782024

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY, THE 11th DAY OF AUGUST 2026

PRESENT

THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

WRIT PETITION NO: 11052 OF 2024

Between:

1. MD P ISMAIL, S/o Abdul Khadeer, aged 58 years E.No. 404244, Jr.

Assistant, Kurnool-Depot 1, APSRTC-Kurnool

...Petitioner

AND

1. The Andhra Pradesh State Road Transport Corporation, RTC House, PNBS, Vijayawada Rep. by its Managing Director

2. The Regional Manager APSRTC Kurnool1, Kurnool District

3. The District Public Transport Officer, Kurnool, Kurnool District

4. The Depot Manager, Kurnool (Depot)- 1, Kurnool, Kurnool District

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a Writ, Order or Orders or direction more particularly one in the nature of Writ of Mandamus to declare delay and inaction of the part of the respondents specifically respondent No 2 and 3 in not implementing the Award vide I.D.No 85 of 2012 dated 21.04.2014 on the file of Industrial Tribunal CUM Labour Court Aanthapuram subsequent to the dismissal of W.P.No 21739 of 2015 dated 21.06.2023 against the above P a g e | 2

Award as illegal, arbitrary and violative of Articles 14 and 16 of Constitution of India by and consequently direct the respondents to implement the Award in

I.D.No 85 of 2012 dated 21.04.2014 on the file of Industrial Tribunal CUM

Labour Court Aantapuram and pass such

Counsel for the Petitioner: YERRAMSETTY SATYA SOWMYA

Counsel for the Respondents: ARAVALA RAMA RAO(SC FOR APSRTC

KKAC)

The Court made the following order:

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W.P.No.11052 of 2024

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ORDER:

The writ petition is filed seeking the following relief: “…to issue a Writ, Order or Orders or direction more particularly one in the nature of Writ of Mandamus to declare delay and inaction of the part of the respondents specifically respondent No 2 and 3 in not implementing the Award vide I.D.No 85 of 2012 dated 21.04.2014 on the file of Industrial Tribunal CUM Labour Court Anantapuram subsequent to the dismissal of W.P.No.21739 of 2015 dated 21.06.2023 against the above Award as illegal, arbitrary and violative of Articles 14 and 16 of Constitution of India by and consequently direct the respondents to implement the Award in I.D.No 85 of 2012 dated 21.04.2014 on the file of Industrial Tribunal CUM Labour Court Anantapuram…”

2. Heard learned counsel for the petitioner and Sri Aravala Rama Rao, learned Standing Counsel for APSRTC appearing for respondents.

3. The respondents have filed a counter-affidavit stating that, challenging the award passed by the Industrial Tribunal in I.D.No.85 of 2012, the respondent - Corporation filed W.P.No.21739 of 2015, wherein the then Standing Counsel has brought to the notice of this Court that the workman was already retired from service on attaining the age of superannuation. However, the said statement was factually incorrect, as the workman, as on today, is working as Junior Assistant in District Public Transport Office, Nandyal, as such, the Corporation did not implement the orders of this Court.

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4. On perusal of the orders of this Court in W.P.No. 21739 of 2015, it is seen that, this Court while dismissing the writ petition, had observed that as the punishment imposed against the workman was rightly revoked by the Labour Court, there are no grounds to interfere with the said Award passed by the Industrial Tribunal which has been charged under section 11 of the Industrial Disputes Act.

5. Thereafter, the Corporation has neither taken steps to seek revival of the said writ petition nor filed any application seeking review the order passed therein. As such, the Award passed by the Industrial Tribunal has attained finality. In such circumstances, the respondent-Corporation is bound to implement the said Award passed by the Industrial Tribunal.

6. In view of the foregoing reasons, the writ petition is allowed. The respondent – Corporation is directed to implement the Award dated 21.04.2014 passed in I.D.No.85 of 2012 by the learned Chairperson – cum – Presiding Officer, Industrial Tribunal – cum – Labour Court, Anantapuramu.

As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________

JUSTICE BALAJI MEDAMALLI Date: 11.08.2026

Dvs

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W.P.No.11052 of 2024 Dt: 11.08.2026 Dvs

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