K SIMHADRI Vs. REGIONAL MANAGER APSRTC ONGOLE

JUDGEMENT

(1.) The petitioner is a displaced employee, on account of a nationalisation of a Bus service. The other employees, who were engaged by the owner of the bus, were taken into service, with effect from 18-2-1987. However, the case of the petitioner was not considered, on certain grounds. Thereupon, the petitioner filed W.P. No.1981 of 1987, which was disposed of on 21-4-1988, with a direction to the respondents to consider the case of the petitioner also. In compliance with the same, the respondents appointed the petitioner as Conductor on 16-2-1989.

(2.) Petitioner filed W.P. No.16141 of 1994, claiming the relief of seniority with effect from 18-2-1987. The writ petition was allowed and the respondents were directed to fix the seniority in the post of Conductor with effect from 18-2-1987.

(3.) An application, under Section 33-C(2) of the Industrial Disputes Act (for short 'the Act') was filed by the petitioner before the Labour Court, Guntur, as Miscellaneous Petition No.19 of 2003. He pleaded that in view of the orders passed by this Court in W.P. No.16141 of 1994, his scale of pay ought to have been fixed on par with the other persons appointed on 18-2-1987, and that he is entitled to be paid the arrears of salary on that count. The Labour Court rejected the application through its order dated 5-9-2005. Hence, this writ petition.