LAWS(APH)-2012-8-53

MANAGING DIRECTOR APSRTC Vs. J PULLAIAH

Decided On August 30, 2012
MANAGING DIRECTOR APSRTC Appellant
V/S
J.Pullaiah Respondents

JUDGEMENT

(1.) The officers of the Andhra Pradesh State Road Transport Corporation (APSRTC) assail the correctness of the Award dated 11.07.2001 passed by the Industrial Tribunal-I, Hyderabad, in Miscellaneous Petition No. 14 of 2000 in I.D. No. 12 of 1998. By order dated 27.11.2001, this Court granted interim suspension of the said Award subject to the condition that the APSRTC comply with Section 17-B of the Industrial Disputes Act, 1947 (for brevity, 'the Act of 1947') from the date of enforceability of the Award. The said order was made absolute on 24.01.2003. It is however stated by the learned counsel appearing for the parties that the first respondent-Conductor was in fact reinstated in service and therefore, the question of payment of Section 17-B wages did not arise.

(2.) Miscellaneous Petition No. 14 of 2000 was filed by the first respondent herein under Section 33-A of the Act of 1947 alleging that during the pendency of certain disputes which were referred to the Tribunal in I.D. No. 12 of 1998, with which he was very much concerned and connected, the APSRTC issued proceedings dated 24.03.2000 terminating his services As the APSRTC did not follow the procedure prescribed under Section 33(2)(b) of the Act of 1947, the first respondent challenged the validity of the proceedings dated 24.03.2000.

(3.) The APSRTC contested the claim of the first respondent stating that he had submitted a bogus SSC record for securing appointment as a Conductor. It was on this basis that the APSRTC removed him from service.