THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY W.P.No.8322 of 2009 ORDER The petitioner was appointed as a Conductor in Sullurpet Bus Depot of APSRTC. A charge sheet was issued to him on 29.01.2004 framing certain charges. Departmental enquiry, was conducted and by order, dated 15.10.2004, he was removed from service. He filed I.D.No.36 of 2007 in the Labour Court, Guntur. An award was passed on 04.11.2008 setting aside the order of removal, but directing that the petitioner shall be deemed to have retired compulsorily w.e.f. 15.10.2004 with attendant benefits. He has attained the age of superannuation on 15.03.2009. He feels aggrieved by the award passed by the Labour Court, filed the present writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for APSRTC. The Labour Court was convinced that the order of removal passed against the petitioner cannot be sustained in law. In exercise of power under Section 11-A of the Industrial Disputes Act, the Labour Court has chosen to impose the punishment of compulsory retirement with effect from the date of removal i.e., 15.10.2004 denying backwages, but directing continuity of service. Assuming that the reinstatement of the petitioner into service was objectionable in any way, that contingency does not arise since the petitioner has already attained the age of superannuation. Directing continuity of service up to the date of attaining the age of superannuation, denying backwages would meet the ends of justice. On the one hand, the Corporation would not be burdened with any obligation to reinstate the petitioner or to pay any backwages, and on the other hand, the petitioner would have the benefit of counting the service up to the date of superannuation, for the purpose of retirement benefits. Hence, the Writ Petition is partly allowed, modifying the award passed by the Labour Court in I.D.No.36 of 2007 to the effect that the petitioner shall be deemed to have been in service till he attained the age of superannuation i.e., 15.03.2009, but without any backwages. The service of the petitioner between the date of removal and the date of attaining the age of superannuation shall be counted only for the purpose of calculating retirement benefits. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J Date:01.12.2010 sj