1 HN, J W.P.No.17560_2014 APHC010628792014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17560/2014 Between: 1. THE DEPOT MANAGER,, A.P.S.R.T.C. URAVAKONDA DEPOT, URAVAKONDA, ANANTAPUR DISTRICT. ...PETITIONER AND 1. G VENKATESULU G VENKATESH, S/O. G. SUNKANNA AGED 32 YEARS, E.935929, KALAGALLA KUDAIRU MANDAL, ANANTAPUR DISTRICT. 2. THE CHAIRMANCUMPRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ANANTHAPUR. ...RESPONDENT(S): 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 toto issue an appropriate writ, order or direction more particularly one in the nature of writ of Certiorari declaring the award made in I.D. No.50 of 2012 on the file of The Chairman cum Presiding Officer, Industrial Tribunal- cum-Labour Court, Ananthapur as illegal, arbitrary and quash the same by calling for records relating to the said award dated 29.11.2013 IA NO: 1 OF 2014(WPMP 21985 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim suspension of the award dated 29.11.2013 made in I.D. No.50 2 HN, J W.P.No.17560_2014 of 2012 on the file of Industrial Tribunal cum Labour Court, Ananthapur pending disposal of the writ petition IA NO: 1 OF 2015(WVMP 1252 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to VACATE the interim orders passed in W.P.M.P.No. 21985 of 2014 in W.P.No. 17560 of 2014, dt. 27.06.2014 pending disposal of the Writ Petition Counsel for the Petitioner: 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent(S): 1. GP FOR LABOUR 2. G RAVI MOHAN 3 HN, J W.P.No.17560_2014 ORDER: 1. The petitioner has challenged the award passed in I.D.No.50 of 2012, whereby respondent No.1 was directed to be reinstated into service with continuity of service and all attendant benefits. The petitioner has filed the present writ petition, aggrieved by the said award, primarily on the ground that respondent No.1 had caused an accident on 02.01.2011, resulting in the death of two persons and injuries to others. It is submitted that an enquiry was conducted against respondent No.1, and he was imposed with the punishment of termination, as he was found responsible for causing the fatal accident. 2. Aggrieved by the said termination, respondent No.1 filed an I.D., and the Labour Court, upon adjudication, concluded that the accident was the result of contributory negligence on the part of respondent No.1 as well as the driver of the car. On that basis, the Labour Court directed reinstatement of respondent No.1 with continuity of service and all attendant benefits. It is further submitted that continuity of service cannot be extended to an employee who was appointed on a contract basis, and that respondent No.1 was engaged as a contract driver in the year 2009. 3. Considering the submission that contract drivers cannot claim continuity of service, and also considering the submission that respondent No.1 was subsequently regularized on 08.05.2015, his service would be counted from the day on which he was regularized. In view of these considerations, the award of continuity of service along with all attendant benefits for the period 4 HN, J W.P.No.17560_2014 during which respondent No.1 was not in service could not have been granted by the Labour Court. 4. Accordingly, the award passed by the Labour Court stands modified to the extent of directing reinstatement of respondent No.1 into service alone. Considering that respondent No.1 has already been reinstated, and recording the same, the writ petition is disposed off, modifying the award to that extent. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:09.04.2026 NKA 5 HN, J W.P.No.17560_2014 208 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17560 of 2014 Date: 09.04.2026 NKA