THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P. No. 627 of 2003 Dated. 27–01-2011 Between: G. Yacob …Petitioner Vs. Andhra Pradesh State Road Transport Corporation, Rep., by Vice-Chairman & Managing Director, Musheerabad, Hyderabad and another. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 627 of 2003 ORAL ORDER: The petitioner seeks a direction to the respondents to fix his pay by allowing all notional increments and other benefits during the period he was out of service on account of an order of removal passed by the APSRTC. While working as a driver in the Sattenapally Depot of A.P.S.R.T.C. in 1992 the petitioner was issued a charge sheet for rash and negligent driving and after a due process of inquiry was removed from service by an order dated 17-02-1993. The departmental appeal and review having been rejected, the petitioner applied under Section 2-A (2) of the Industrial Disputes Act, 1947 to the Labour Court, Guntur, seeking invalidation of the order of removal. By the award dated 18-09-2001 in I.D.No. 263 of 1998, the Labour Court found the order of removal passed by the Corporation against the writ petitioner to be unsustainable and accordingly set aside the order of removal and directed his reinstatement into service without continuity of service but denied back wages on the ground that the petitioner had approached the Labour Court with considerable delay of above five years. After reinstatement to duty pursuant to the award of the Labour Court, the petitioner applied for notional increments during the period he was illegally kept out of service by the order of removal, which was later set aside by the Labour Court. There was however no order passed on his representation and hence he is before this Court in this writ petition. It is contended by Sri Satyanarayana Murthy, learned standing counsel for the APSRTC and the contention is acceded to by the learned counsel for the petitioner that in view of the decision of the Supreme Court in APSRTC v. S. Narsagoud[1] where the Labour Court has not passed a specific order with regard to grant of notional increments while invalidating the order of removal or termination from service, a workman is not entitled to the said benefit. In view of the aforesaid decision of the Supreme Court, there are no merits in the writ petition. It is accordingly dismissed. No costs. __________________________ JUSTICE GODA RAGHURAM Dated: 27-01-2011 Pvks/* [1] (2003) 2 SCC 212