APSRTC Vs. T.VENKATAIAH

JUDGEMENT

(1.) Would an order of reinstatement "with all consequential benefits" entail an employee to seek for back wages is the question that arises for consideration in this writ petition.

(2.) The Andhra Pradesh State Road Transport Corporation (the Corporation, for short) seeks for a Writ of Certiorari to set aside the orders dated 07.09.2009 in M.P.No.1 of 2009 on the file of the Additional Industrial Tribunal-cum- Additional Labour Court, Hyderabad directing the petitioners to pay a sum of Rs.2,42,378.25 ps. to the first respondent and for consequential reliefs.

(3.) The first respondent was working as an Office Boy with the Corporation. The Corporation claims that there is no regular cadre called an Office Boy. The first respondent was discontinued from service by the Corporation. The first respondent raised Industrial Dispute (I.D.No.34 of 2001 before the second respondent- Tribunal under Section 2-A of the Industrial Disputes Act, 1947 (the Act, for short). The Tribunal passed an award on 26.02.2005 ordering reinstatement of the petitioner "with all consequential benefits". The Corporation preferred Writ Petition No.20484 of 2005 assailing the award. The writ petition was dismissed. The Corporation also filed Writ Appeal No.293 of 2007 unsuccessfully. Consequently, the Corporation reinstated the first respondent into service. It paid an amount of Rs.24,386/- to the first respondent by depositing the same before the second respondent-Tribunal to the credit of I.D.No.34 of 2001.