SUPERINTENDING ENGINEER Vs. K.GNANA PRASAD RAO

JUDGEMENT

(1.) These two Writ Petitions are disposed of through this common order as the same question is raised in both the cases. The second respondent-Industrial Tribunal -cum- Labour Court passed order in M.P.No. 26 of 1996 on 28.9.1999, which is challenged through W.P.No. 22604 of 2000. The order of the Industrial Tribunal -cum- Labour Court in M.P.No. 27 of 1996 dated 28.9.1999 is challenged through W.P.No. 22685 of 2000. In both the cases, the Industrial Tribunal -cum- Labour Court- second respondent ordered the petitioners to pay Rs. 50,954/- to the first respondent in each of the cases towards monetary benefit on account of regularisation holding that they are deemed to have been regularised with effect from 18.2.1984 and not from 1.3.1987.

(2.) The Andhra Pradesh State Construction Corporation Limited was closed on 30.6.1983. The first respondent in each of the cases were workmen, were working as employees of the Corporation although they had been appointed by the now defunct A.P. State Construction Corporation Limited on 18.2.1982. It would appear that the respondents were initially appointed in 1977 and were retrenched the very retrenchment was not permissible, the Corporation reinstated both the workman with effect from 18.2.1982.

(3.) The Corporation issued proceedings on 30.7.1981 ordering that the employees who were in service of the Corporation as on 30.7.1981 would be regularised one year from 30.7.1981 i.e., from 1.8.1982 and that for those employees who joined subsequent to 30.7.1981, their services would be regularised at the end of two years period from the date of the commencement of their service. The workmen consequently would be entitled the regularisation of their services with effect from 18.2.1984.