THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 19024 of 2009 DATE: 14-06-2011 Between: G.Krishna Rao .. Petitioner And The Southern Power Distribution Co. AP Ltd., Tirupathi and another .. Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 19024 of 2009 ORDER: This Writ Petition is filed to declare the action of the respondents in not paying revised salaries and other attendant and consequential benefits after the award of Labour Court, Guntur in I.D.No.56 of 1997 came into force from 16.09.1999 to 28.04.2008 AN and in not taking into account the notional increments, special increments and denial of earned leave salary and interest on the delayed payment of the petitioner retirement benefits to a tune of Rs.8,37,000/- (Rupees eight lakhs thirty seven thousand only) as arbitrary and violative of Articles 14 and 21 of the Constitution of India and provisions of Industrial Disputes Act and consequently direct the respondents to pay the same with interest at the rate of 12% per annum and grant costs of proceedings. 2. The question involved in this writ petition is whether the petitioner is entitled for salary in pursuance of the award when the award itself is stayed by this Court? 3. The petitioner joined as Lower Division Clerk in respondent- Corporation. A domestic enquiry was conducted against him for the charge of misconduct, and punishment of removal from service was imposed on 06.12.1989. Industrial Dispute No.56 of 1997 was raised by the petitioner against the order of dismissal. After conducting enquiry the Labour Court, Guntur ordered for reinstatement without back-wages with continuity of service. In pursuance of that order, the respondents did not reinstate him, but they filed a writ petition in W.P.No.1809 of 2000 challenging the award in I.D.No.56 of 1997. That writ petition was dismissed on 27.04.2007. Against the said writ petition, writ appeal in W.A.No.1013 of 2007 was filed before this Court and the same was also dismissed on 19.02.2008. Hence, the petitioner is entitled for the salary for the period from the date of award till 28.04.2008 as he was reinstated on 28.04.2008 AN in pursuance of the award passed by the Labour Court. For that purpose, the petitioner has to approach the Labour Court by filing a necessary application to execute the award, since the award passed by the Labour Court has become final. To what extent, petitioner is entitled for the relief claimed has to be adjudicated by Labour Court. 4. Therefore, the writ petition is disposed of directing the petitioner to approach the Labour Court, Guntur by filing an application for execution of the award in I.D.No.56 of 1997 and on filing such application, the Labour Court shall decide the same in accordance with law. There shall be no order as to costs. _____________ K.C.BHANU, J 14-06-2011 MR THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 19024 of 2009 DATE: 14-06-2011 MR