IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.8499 of 2004 Between: The Depot Manager, APSRTC, Adoni Depot, Kurnool District ..... PETITIONER AND The Industrial Tribunal-cum-Labour Court, Ananthapur and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.8499 of 2004 O R D E R: The petitioner/management has aggrieved by the award dated 15.10.2003 passed by the Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Anantapur in I.D.288/2000, by which the claim petition filed by the respondent was allowed and he was held to be entitled to reinstate into service with half of the backwages from 29.11.2000 till the date of passing of the award. The respondent was also held to be entitled to full wages from the date of award till his reinstatement, and was also entitled to be continuity of service, increments and other benefits. The learned counsel for the petitioner states that the management is basically aggrieved by the award of half of the backwages to the claimant, and hence the award of half of the backwages be set aside. Learned counsel for the respondent, on the other hand, has expressed no objection for setting aside the award of the Labour Court with regard to awarding of half of the backwages to the claimant, however, the amount of backwages which has already been paid to the claimant be recovered from the respondent. After hearing the learned counsel for the parties, I find that there was contributory negligence on the part of the deceased who had crossed the road suddenly, therefore, there is no ground to interfere with the award passed by the Labour Court, except to the extent of awarding of half of the backwages. Some portion of backwages, which have already been paid to the respondent, shall not be recovered. In view of the above, the award of the Labour Court is upheld in so far as the reinstatement of workman, continuity of service, full wages from the date of award till reinstatement and other benefits are concerned. The workman shall not be entitled to half of backwages from 29.11.2000 till the date of award. The petitioner/management shall not recover the backwages already paid to the workman, and the balance of backwages, if any, shall not be paid to the workman. The award of the Labour Court is confirmed to the extent, as indicated above. The Writ Petition is accordingly disposed of. No order as to costs. ______________________ ASHUTOSH MOHUNTA,J Dated: 14.09.2011 Dsr