DEPORT MANAGER APSRTC Vs. LABOUR COURT III HYDERABAD

JUDGEMENT

(1.) Questioning the orders dated May 20, 1993 of the Labour Court III, Hyderabad, made in MP No.187 of 1992 directing the petitioner-Corporation to pay an amount of Rs.40,000/- under Section 33-C(2) of I.D Act, 1947 (for short the Act), the APSRTC filed this writ petition.

(2.) Though the dispute is squarely covered by two Division Bench judgments of this Court, the Standing Counsel for the petitioner-Corporation in her inimitable style tried to reopen the matter once again, which cannot be acceded to. However, as she has argued the matter, it is necessary to state the facts.

(3.) The case of the petitioner-Corporation is that the respondent-workman was employed as a driver on daily wage basis from July 21,1989 and during the course of his employment he was involved in an accident on April 9,1990. Thereafter, the petitioner was put-off duty from April 10, 1990 and a disciplinary enquiry was conducted against him for his involvement in the accident. Pursuant to the enquiry report, the services of the respondent-workman was disengaged from July 9, 1992. The question that now falls for consideration in this writ petition would be "whether the period for which he was put off from duty i.e. April 10, 1990 to July 9, 1992 has to be treated as on duty for claiming wages or not".