APHC010705972013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NOs: 279/2013 and 17522/2012 WRIT PETITION NO: 279/2013 Between: 1. K.VARALAKSHMI,, W/O. K.V.V. SATYANARAYANA; OCC. APSRTC CONDUCTOR,- R/O. D.NO.27-2-12, TORAM VARI STREET, OPP. RAMALAYAM, R.C. PURAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE INDUSTRIAL TRIBUNALCUMLABOUR COURT, VISAKHAPATNAM, REPRESENTED BY ITS PRESIDING OFFICER. 2. THE DEPOT MANAGER, ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, RAVULAPALEM, EAST GODAVARI DISTRICT. ...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 to issue a Writ, one in the nature of a Writ of Certiorari calling for records pertaining to the Award dated 16.07.2011 in I.D. No.132 of 2008 on the- file of the Industrial Tribunalcum-Labour Court, Visakhapatnam (first respondent) as notified in G.O.Rt.No.1335, Labour Employment Training and Factories (Lab.I) Department, dated 18.8.2011, and set aside the same to the extent of refusing to grant back wages to the petitioner and grant back wages to the petitioner from 1.4.2008, 2 IA NO: 1 OF 2012(WPMP 48090 OF 2012 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 dispense with filing of the Certified Copy of the Award dated 16.07.2011 in I.D. No.132 of 2008 on the file of the Industrial Tribunal-cum-Labour Court, Visakhapatnam (first respondent) IA NO: 1 OF 2013(WPMP 370 OF 2013 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 fix an early date for hearing of the Writ petition and pass Counsel for the Petitioner: 1. E MADAN MOHAN RAO Counsel for the Respondent(S): 1. GP FOR LABOUR 2. K SRINIVASA PRASAD SC For APSRTC WRIT PETITION NO: 17522/2012 Between: 1. THE DEPOT MANAGER, E.G. DIST., APSRTC, RAVULAPALEM, EAST GODAVARI DISTRICT.. ...PETITIONER AND 1. HONBLE INDUSTRIAL TRIBUNAL VIZAG ANR, -INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, VISAKHAPATNAM, REP BY ITS PRESIDING OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT 2. K VARALAKSHMI, W/O K.V.V. SATYANARAYANA EX-APSRTC CONDUCTOR, R/O D NO 27-2-12, TORAM VARI STREET, OPP RAMALAYAM R.C. PURAM, EAST GODAVARI DISTRICT.. ...RESPONDENT(S): 3 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 to issue an appropriate writ order or direction more particularly one in the form of Writ of Certiorari (1) call for the records pertaining to and related to award passed by the Honble Industrial Tribunal-cum-Labour Court, Visakhapatnam in I.D. No. 132 of 2008 dated 16.07.2011 and quash or set aside the same by declaring the same as arbitrary, illegal and contrary to the law as the corporation has conducted the enquiry duly following the procedure prescribed in the corporation regulations; and (2) consequently declare that the 2nd respondent is not entitled for any relief except the modification passed by the appellate authority since the 2nd respondent committed misconduct and pass IA NO: 1 OF 2012(WPMP 22450 OF 2012 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 suspend the award passed by the Honble Industrial Tribunal-cum-Labour Court, Visakhapatnam in I.D. No. 132 of 2008 dated 16.07.2011 and pass Counsel for the Petitioner: 1. K SRINIVASA PRASAD SC For APSRTC Counsel for the Respondent(S): 1. GP FOR LABOUR 2. E MADAN MOHAN RAO The Court made the following: 4 Common Order:- The W.P. No. 279 of 2013 is filed challenging the award of the Industrial Tribunal-cum-Labour Court, Visakhapatnam passed in I.D. No. 132 of 2008 to the extent of denial of back wages to the petitioner. 2. The W.P. No. 17522 of 2012 is filed by the Road Transport Corporation challenging the award passed in I.D. No. 132 of 2008. This Court, vide order dated 14.06.2012, suspended the impugned award and directed the Road Transport Corporation to forthwith reinstate the workman in service. 3. The learned Standing Counsel for the Road Transport Corporation submits that the employee was reinstated into service and at present she is working at Ramchandrapuram Depot as a conductor. 4. Recording the same, the claim of the petitioner seeking back wages for the period during which she was not in service cannot be entertained. However, considering the submission that the employee is now reinstated in pursuance of the directions of this Court, the challenge of the Road Transport Corporation which remains to be considered in the present writ petitions is to the extent of whether the employee is entitled to continuity of service. Insofar as the challenge of the Corporation to the extent of continuity of service is concerned, this Court is not inclined to interfere with the well-considered and well-reasoned award passed by the Industrial Tribunal-cum-Labour Court, Visakhapatnam. 5 5. Accordingly, these writ petitions are dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 21.01.2026 PNS