THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7096 OF 2008 DATED 10TH DECEMBER, 2010 BETWEEN The Depot Manager, APSRTC, Midhani Depot, R.R. District. … Petitioner And Sri R.N.Reddy and another … Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.7096 OF 2008 O R D E R The Andhra Pradesh State Road Transport Corporation (APSRTC) challenges the Award dated 09.01.2007 passed by the Labour Court-I, Hyderabad, in I.D.No.72 of 2004. By the said Award, the APSRTC was directed to reinstate the first respondent in service as a Driver with continuity of service, attendant benefits but without back wages. Pertinent to note, this writ petition was filed on 31.03.2008 and this Court, by order dated 03.04.2008, taking note of the fact that the first respondent had already been reinstated in service granted stay of the operation of the Award in all other respects. The first respondent filed WVMP No.5550 of 2010 to vacate the above order. The material filed in support of the vacate application demonstrates that the first respondent filed Writ Petition No.5809 of 2008 before this Court seeking a direction to the APSRTC to fix his notional increments for the period that he remained out its service and to count the said period for the purpose of promotion. This Court, by order dated 24.03.2008, taking note of the Award dated 09.01.2007 passed in I.D.No.72 of 2004 whereby the petitioner therein had been granted the benefit of relief of continuity of service allowed the writ petition directing the APSRTC to consider his case for promotion to the post of ADC/ Controller if otherwise eligible and to extend to him other benefits that were permissible on account of the continuity of service granted by the Labour Court. A copy of the order is placed on record and reflects that prior to the passing thereof the learned standing counsel for the APSRTC was granted time to ascertain whether any writ petition had been filed by the APSRTC questioning the said Award. Thereupon, it was stated before the Court that though steps were taken in that regard, no such writ petition had been filed. Having invited the order dated 24.03.2008, the APSRTC chose to file the present writ petition a week thereafter. In effect, the APSRTC wanted to undo the order passed by this Court in Writ Petition No.5809 of 2008. The present writ petition is therefore lacking in bona fides and is accordingly dismissed. The interim order dated 03.04.2008 shall stand vacated. In the light of the final order passed in the writ petition, no further orders are required to be passed in the vacate stay petition. WVMP No.5550 of 2010 in Writ Petition No.7096 of 2008 is accordingly dismissed. No order as to costs. ---------------------------- SANJAY KUMAR, J. 10TH DECEMBER, 2010 PGS/VGSR