THE HON'BLE SRI JUSTICE V.V.S.RAO and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT APPEAL No. 541 OF 2010 Dated: 28.07.2010 Between: T. Venkataiah ... Appellant AND APSRTC, rep., by its Managing Director, Musheerabad, Hyderabad and two others ... Respondents THE HON'BLE SRI JUSTICE V.V.S.RAO and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT APPEAL No. 541 OF 2010 JUDGMENT: (per Hon’ble Sri Justice V.V.S. Rao) This appeal is against the interlocutory order dated 31.03.2010 passed by the learned single Judge whereby and whereunder ex parte interim order dated 29-12-2009 in WPMP No. 36900 of 2009 was made absolute while dismissing the appellant’s WVMP No. 635 of 2010. The appellant was a casual employee of APSRTC. He was office boy in the office of the Executive Engineer. In 2001, his services were discontinued. He therefore raised industrial dispute being I.D No. 34 of 2001 under Section 2-A (2) of the Industrial Disputes Act, 1947 (‘the Act’, for brevity) before the Additional Industrial Tribunal- cum-Additional Labour Court, Hyderabad. The Additional Labour Court passed award on 26-02-2005 directing reinstatement of the appellant into service with all consequential benefits. The appellant was reinstated. He was also paid an amount of Rs.24,386/-. After withdrawing the money, the appellant filed an application under Section 33 (C) (2) of the Act being M.P No.1 of 2009 before the Additional Labour Court. He claimed back wages at the rate of Rs.79/- per day for the period from 06.01.2001 to 31.07.2002. He also claimed back wages from 01.08.2002 at the rate of Rs.112/- per day. Thus, in his application he claimed Rs.2,66,764.25 ps. The Additional Labour Court by order dated 07.09.2009 allowed the application directing the 1st respondent to pay Rs.2,42,378.25 ps without interest thereon. Assailing the same, APSRTC and its Executive Engineer filed Writ Petition No. 28335 of 2009. An ex parte order of stay was passed on 29.12.2009 which has now been made absolute. We have heard the counsel for the appellant and the Standing Counsel for APSRTC. At this stage, it would be improper to decide the main issue as to whether “reinstatement with all consequential benefits awarded by the Additional Labour Court in I.D No. 34 of 2001 within its sweep also amounts to a direction to pay the back wages”. This is a matter which is seriously disputed by APSRTC. Further, according to them, the amount due to the appellant was already paid and, therefore, no back wages need be paid. Therefore, the relief claimed by the appellant for direction to APSRTC to pay the amount granted by the Additional Labour Court in M.P No. 1 of 2009 cannot be granted at this stage. We however feel that the hearing of the matter can be expedited. The Registry may list the case in the second week of August for final hearing and we give liberty to the appellant’s counsel to make mention for out of turn hearing. The writ appeal is devoid of any merit and is accordingly dismissed. _______________ (V.V.S.RAO, J) _______________________________ (RAMESH RANGANATHAN, J) 28.07.2010 ks