HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.13007 OF 2011 ORDER: The petitioner was appointed as a conductor in the Adilabad Region of APSRTC on 31-12-1987. His services were regularized with effect from 01-07-1988. Disciplinary proceedings were initiated against him by the Depot Manager, Mancherial, the 3rd respondent herein. Consequently, through orders, dated 15-03-1989 the 3rd respondent removed the petitioner from service. After exhausting departmental remedies, petitioner filed I.D. No.222 of 1991 before the Labour Court, Godavarikhani. Through its Award, dated 27-05-1992, the Labour Court has set aside the order of removal and directed reinstatement of the petitioner into service without back-wages or any other attendant benefits. However, the relief of continuity of service was granted. The petitioner was taken into service on 17-10-1992. 2. It appears that the orders, dated 20-12-1988, though which the services of the petitioner were regularized were not given effect on the ground that disciplinary proceedings were pending. After he was reinstated in pursuance of the award passed by the Labour Court, the petitioner submitted a representation for regularization of his services with effect from 01-07-1988 and for relief of pay fixation. When there was no response, he filed MP No.46 of 2000 under Section 33-C (2) of the Industrial Disputes Act, before the Labour Court. The MP was dismissed by the Labour Court through order, dated 22-06-2001. Hence, this writ petition. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 4. It is a matter of record that the competent authority passed an order, dated 20-12-1988 directing regularization of the services of the petitioner with effect from 01-07-1988. However, disciplinary proceedings were initiated by that time and the 3rd respondent did not implement the order of regularization. The petitioner was ultimately removed from service and that order, in turn, was set aside by the Labour Court. In clear terms, the Labour Court directed that the petitioner shall be entitled to the benefit of continuity of service. It is only when an employee is directed to be reinstated as a fresh candidate, the occasion to deprive him of the benefit of past service would arise. The petitioner became entitled to his past service with the relief granted by the Labour Court. When that is so, the petitioner is entitled to for the benefit of regularization of his services with effect from 01-07-1988. There was no justification for the respondents in denying the petitioner of that relief. The Labour Court proceeded on hyper technical basis and dismissed the MP filed by the petitioner. 5. Hence, the Writ Petition is allowed and the respondents are directed to extend the benefit of regularization of services of the petitioner with effect from 01-07-1988 and to fix the pay scale accordingly. The petitioner has approached this Court 10 years after the Labour Court rejected the MP. Hence, it is directed that the petitioner shall not be entitled for any arrears on account of re-fixation of the salary. The salary in accordance with the re-fixed scale of pay shall be given effect from October 2011. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J September 27, 2011. KTL