THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.261 of 2011 Dated:24.11.2011 Between: The Depot Manager, APSRTC, Tandur Depot, Rangareddy District .. Appellant And Mohd.Ghousuddin, S/o.Mohd.Moulana, Cleaner, APSRTC, E.271704, Tandur Depot, C/o.Syed Osman, 20/1, Vidyanagar, Hyderabad .. Respondent THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.261 of 2011 JUDGMENT: (Per Hon’ble Sri Justice Ghulam Mohammed) The appellant - APSRTC is the petitioner in W.P.No.17130 of 2001. The respondent worked as Traffic Cleaner in the appellant - Corporation and after working for three to four years, his services were terminated orally. Aggrieved by the same, he filed I.D.No.103 of 1990 before the Labour Court. The Labour Court passed an award directing the Corporation to prepare a panel of Traffic Cleaners on the basis of their qualifications, length of services and other relevant things and appoint them on priority basis in the vacancies that may arise in Golconda and Bhagyanagar regions and till such time, no fresh appointments should be made. Aggrieved by the same, the Corporation filed W.P.No.1331 of 1993, which was dismissed with a direction to the Corporation to implement the award passed by the Labour Court. However, the Corporation without absorbing the respondent and others recruited several fresh candidates. Therefore, the workmen filed Execution Petitions before the Labour Court for implementation of its award. The Labour Court ordered coercive action against the Corporation for violating its order. Aggrieved by which, the Corporation filed W.P.No.25594 of 1993, but the same was dismissed. Hence, the Corporation appointed the respondent on 22.11.1994 as contingent worker and later he was absorbed as permanent employee. Thereafter, the respondent filed M.P.No.43 of 2000 under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short, the Act) before the Labour Court alleging that even though he is entitled for regular appointment, the Corporation has initially appointed him as contingent worker on daily wages @ Rs.40/- per day and extracted the work of a permanent Cleaner, and hence the Corporation has to pay the difference of wages from the date of his contingent appointment till he was made permanent. By an order dated 31.01.2001, the Labour Court allowed the same with a direction to the Corporation to pay difference of wages to the tune of Rs.8,001/- for the period from 22.06.1994 to 20.03.1995 within two months, failing which, the respondent is liberty to claim recovery of monetary benefits with interest at 18% per annum. Challenging the same, the Corporation filed W.P.Nos.17130 of 2001 and batch and this Court by a common order dated 25.11.2010 dismissed them. Hence, the Corporation filed the present writ appeal. 2. Heard both sides. 3. There is no dispute that the respondent – workman worked as a Traffic Cleaner for about four years prior to his oral termination. On raising the industrial dispute and on passing the orders in it by the Labour Court, an Execution Petition was filed; that pursuant to the order passed by the Labour Court in the said E.P., the respondent was taken into service, albeit as a contingent worker, and that the jurisdiction of the order passed by the Labour Court under Section 33-C(2) of the Act was not countenanced. Further, the difference of wages claimed by the respondent is only on the ground that he actually worked as a Cleaner, though he was appointed as contingent worker, and the same was buttressed by the Corporation also. 4. In view of the admitted fact that the respondent worked as a Cleaner, though he was appointed as contingent worker, and discharged his duties bona fidely, as a Cleaner, we do not find any irregularity or illegality in the order passed by the learned Single Judge. 5. The writ appeal is accordingly dismissed. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J _________________________________ NOOTY RAMAMOHANA RAO, J 24.11.2011 KH