HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.531 of 2006 ORDER: The petitioner in I.D.No.112 of 1996 on the file of the Industrial Tribunal-cum-Labour Court, Visakhapatnam assails the award dated 30.09.1999 passed therein and seeks a consequential direction to the Andhra Pradesh State Road Transport Corporation (APSRTC) to reinstate him in service as an attender with continuity of service, attendant benefits and back wages. The petitioner claims to have worked as an attender in the APSRTC from 11.05.1991 to 14.03.1995. His complaint before the Labour Court was that his services were terminated without following the due procedure under Section 25-F of the Industrial Disputes Act, 1947 (for brevity, ‘the Act of 1947’). The Labour Court while passing the nil award dated 30.09.1999 directed the APSRTC to consider the case of the petitioner favourably if any recruitment takes place to the posts in future without getting prejudiced by his claim, if he was otherwise suitable for the job. The petitioner assails the award dated 30.09.1999 on the ground that the Labour Court erred in exercising jurisdiction under Section 11-A of the Act of 1947 as it did not go into the validity of the petitioner’s termination from service but merely concentrated upon his tender age as a ground to disbelieve his claim of having been employed in the APSRTC. Sri V.Sudhakar Reddy, learned counsel for the petitioner, contended that in the light of the evidence adduced by his client to prove his employment in the APSRTC, the Labour Court ought to have gone into the validity of his retrenchment in terms of Section 25-F of the Act of 1947. Refuting the above contention, Sri C.Appaiah Sarma, learned Standing Counsel for the APSRTC, stated that the petitioner had earlier filed W.P.No.8631 of 2001 before this Court seeking employment in the APSRTC as per the observations made by the Labour Court in its award dated 30.09.1999. He therefore contended that the present Writ Petition was not maintainable. Admittedly, the petitioner filed W.P.No.8631 of 2001 seeking relief based upon the observations made by the Labour Court while passing the nil award dated 30.09.1999. Having committed himself to this stance, it is not open to the petitioner to turn around and now assail the very same award. The petitioner cannot be permitted to approbate and reprobate. The order dated 11.02.2002 in W.P.No.8631 of 2001 upholding the award dated 30.09.1999, having become final, the issue cannot be reopened by this Court in this second round of litigation. The Writ Petition is therefore not maintainable and is accordingly dismissed. No order as to costs. SANJAY KUMAR, J. Date:29.11.2010 usd