HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 19737 of 2002 DATED 10th October, 2011 BETWEEN A.Srinivas …….Petitioner and APSRTC, MedakRegion, Sangareddy, rep. by its Regional Manager, and, anr …… Respondents HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 19737 of 2002 ORDER: This Writ Petition is filed assailing the proceedings No.SHC/785 (5)/97-SDPT, dated 2.8.2002 issued by the second respondent imposing adverse conditions contrary to the order dated 28.12.2001 passed by this Court in WPMP.No. 33593 of 2001 in WP. 3957 of 2000 as illegal and arbitrary. Briefly stated the facts of the case are that; the petitioner joined the service of the Andhra Pradesh State Road Transport Corporation (APSRTC) as a Cleaner on 15.3.1991. While so, questioning the termination of his services in the month of July, 1993, the petitioner invoked the jurisdiction of the Labour Court in I.D.No. 101 of 1996, which was allowed by the Award dated 30.06.1999 directing the APSRTC to reinstate him in service without back wages. Questioning the said Award, the APSRTC filed Writ Petition No. 3957 of 2000 and obtained interim stay of operation of the Award dated 30.06.1999 subject to condition of complying with the provisions of Section 17 (B) of the Industrial Disputes Act, 1947. When the wages under Section 17 (B) of the Act were not being paid, the petitioner filed a miscellaneous petition viz., WPMP.No. 33593 of 2001 in Writ Petition No. 3957 of 2000 seeking a direction to the APSRTC to take him on duty in lieu of non-payment of wages under Section 17(B) of the Act and this Court by order dated 28.12.2001 directed the APSRTC either to comply with the provisions of Section 17 (B) or to reinstate the petitioner in service as was done by the APSRTC in the case of similarly situated persons by its proceedings dated 4.8.1997 and 10.11.1999. Pursuant to the said order, the second respondent-APSRTC issued impugned proceedings informing the petitioner that his work would be as like past contract labour and wages would be paid as were paid in the past. Hence, the present Writ Petition. The respondents-APSRTC filed a counter stating that the petitioner was a contract labour under the control of a contractor for washing and sweeping buses at Siddipet Depot garage and he was not appointed directly by the APSRTC. It is further stated that as per the directions of this Court in the order dated 28.12.2001 passed in WPMP.No.33593 of 2001 in Writ Petition No. 3957 of 2000, the second respondent-APSRTC arranged for payment of wages as per Section 17(B) of the Act, the particulars of which were mentioned in the counter affidavit. It is the case of the petitioner that despite the orders of this Court dated 28.12.2001 passed in WPMP.No.33593 of 2001 in Writ Petition No. 3957 of 2000, which was allowed to attain finality, the respondent-APSRTC is not paying wages on par with the reinstatement orders issued in respect of similarly situated persons vide proceedings dated 4.8.1997 and 10.11.1999 and that the condition imposed in the impugned proceedings itself is contrary to the order of this Court stated supra. It is the case of the respondent-APSRTC that there was no employer and employee relationship in between the APSRTC and the petitioner and as such, the petitioner is entitled to only last drawn wages until finalization of Writ Petition No. 3957 of 2000. Admittedly, the Labour Court vide its Award dated 30.06.1999 passed in I.D.No. 101 of 1996 filed by the petitioner herein, observed that in as much as the petitioner had worked in the second respondent depot for more than one year as a casual labour, therefore there was relationship of employer and employee between them. The Writ Petition viz., W.P.No.3957 of 2000 filed by the respondent-APSRTC against the aforesaid Award of the Labour Court stands dismissed by order dated 2.12.2010 and the said order was allowed to attain finality as the APSRTC did not choose to question the same. During the pendency of Writ Petition No. 3957 of 2000, this Court by order dated 28.12.2001 passed in WPMP.No. 33593 of 2001 directed the respondent-APSRTC either to comply with the provisions of Section 17-B or to reinstate the petitioner in service as was done by it in the case of similarly situated persons by its proceedings dated 4.8.1997 and 10.11.1999. The said order attained finality having not been challenged by the APSRTC. On the other hand, the dismissal of the Writ Petition No. 3957 of 2000 filed by the APSRTC goes to show that the APSRTC is required to implement the Award dated 30.06.1999 passed by the Labour Court-II Hyderabad in I.D.No. 101 of 1996. For the above reasons, the respondent- APSRTC is directed to pay wages to the petitioner on par with the similarly situated persons and as per the proceedings dated 4.08.1997 and 10.11.1999. The respondent- APSRTC is further directed to pay arrears of wages, if any, payable to the petitioner pursuant to this order, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order. The Writ Petition is accordingly allowed. There shall be no order as to costs. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 10th October, 2011. Msnro