APSRTC REP. BY ITS MANAGING DIRECTOR MUSHEERABAD Vs. LABOUR COURT II, HYDERABAD REP. BY ITS PRESIDING OFFICER

JUDGEMENT

(1.) This writ petition has been filed by the Andhra Pradesh State Road Transport Corporation challenging the order dated 25-02-2000 in M.P.No.4 of 1998 passed by the 1st respondent-Labour Court II, Hyderabad.

(2.) The said Miscellaneous Petition was filed by the 2nd respondent under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short 'the Act') contending that he was working as a conductor in the petitioner-Corporation on daily wages; that on 14-11-1988 there was a check by a TTI and a charge memo was issued to him; that the petitioner had issued orders keeping him under put off duty from 15.11.1988; that after an enquiry by the petitioner, the order putting the 2nd respondent off duty was lifted and he was taken back on duty on 8.11.1989. The 2nd respondent, therefore, claimed that the relationship of an employer and an employee was subsisting during the period from 14.11.1988 to 7.11.1989 and therefore he was entitled to Rs.17,039-40 ps towards wages from 15.11.1988 to 7.11.1989 and ex-gratia of wages from 4.10.88 to 7.11.1989.

(3.) The petitioner-Corporation filed a counter affidavit stating that the 2nd respondent/petitioner was working only as a conductor on daily wage basis, that he was therefore not an employee of the Corporation and hence he is not entitled to claim any amount for the period during which he did not perform any duty. It also contended that the services of the 2nd respondent/petitioner were not utilised on line as he was involved in serious cash and ticket irregularities and that as per the terms and conditions of 2nd respondent's appointment, he is not entitled to wages on the days when his services were not utilised.