APSRTC Vs. LACHAIAH

JUDGEMENT

(1.) This is an appeal preferred by the Andhra Pradesh State Road Transport Corporation (APSRTC), which was aggrieved by the order dated 28.12.2005 passed in W.P. No. 27855 of 2005 by the learned single Judge. Basically, the said writ petition was filed by the Corporation, seeking judicial review by way of writ of certiorari, of the order dated 15.12.2004 in M.P. No. 13 of 2001 by the Labour Court-in, Andhra Pradesh, Hyderabad. The facts in brief are that the 1st respondent in the present writ appeal was appointed as conductor on 17.02.1968, got his services regularized on 01.07.1971, got his promotions in due course of time, and was eventually retired from service on 31.07.1997. After the said retirement, a dispute arose consequent to refusal of his request to the respondent Corporation to permit him to encash the un-availed leaves, which comprise about 400 sick leaves and 297 earned leaves, to his credit.

(2.) On refusal to be paid the wages of encashment of un-availed leaves, the 1st respondent invoked the jurisdiction of the 2nd respondent herein. On appearance, while meeting the contentions of the 1st respondent herein, the appellant corporation has raised various pleas, which include that the application was barred by limitation, that there is no provision for the 1st respondent to encash his un-availed sick leaves and earned leaves and that there was no merit at all in the claim of the 1st respondent. Before the Labour Court, the 1st respondent herein examined himself as W.W. 1 and marked Exs. W.1 and W.2. On the part of the appellant Corporation, one of its officials was examined as M.W. 1 and Ex. M. 1, which is the list of leave cards, was marked.

(3.) After appreciating the entire material, including the oral evidence, the Labour Court has held that the 1st respondent is entitled for 95 days of earned leave to be encashed and the amount was quantified at Rs. 19,313-50 ps. It was held that the respondent was not entitled to any interest. Aggrieved by the order dated 15.12.2004, as passed in M.P. No. 13 of 2001 by the Labour Court-III, Andhra Pradesh, Hyderabad, the appellant Corporation initially filed W.P. No. 27855 of 2005, which came to be dismissed by a learned single Judge through an order dated 28.12.2005. The learned single Judge has justly concluded that the Labour Court has undertaken an extensive discussion of the issue and has appropriately directed the appellant Corporation to allow the encashment of 400 sick leaves and 297 earned leaves, amounting to Rs. 19,313-50 ps.