HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 1066 OF 2011 Between: Ch. Lachaiah S/o Malaiah ………….Appellant AND The APSRTC, represented by its Managing Director and two others ………….Respondents JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) Heard the learned Standing Counsel. This Writ Appeal is preferred by the petitioner aggrieved by the order rendered by the learned Single Judge in allowing his writ petition in part. The petitioner was appointed as Conductor with the APSRTC. He was subjected to disciplinary proceedings due to his involvement in cash and ticket irregularities. He was initially put off duty with effect from 11.10.1998 and subsequently he was removed from service on 15.3.1989. He raised an Industrial Dispute in I.D.No. 222 of 1991, in which an award was passed on 27.5.1992 directing the Management of APSRTC to reinstate the petitioner into service with continuity of service but without any backwages and without any attendant benefits. Further, the petitioner was also held not entitled to any increment for a period of two years from the date of his reinstatement, with cumulative effect. In pursuance to this award dated 27.5.1992, the petitioner was reinstated to duty on 17.10.1992. Thereafter, he moved miscellaneous petition viz., MP No. 46 of 2000 in terms of Section 33-C (2) of the Industrial Disputes Act, seeking certain payments. That was dismissed by the Industrial Tribunal/Labour Court, Godavarikhani, holding that the petitioner is not entitled for any amount. Challenging the said order W.P.No. 13007/2011 was filed. The learned Judge has noticed that as per the award passed in I.D.No. 222/1991, the petitioner was entitled to certain benefits and there is no justification for the management of the APSTC to deny the same and they themselves have not preferred to challenge the correctness of the award dated 27.5.1992 passed by the Labour Court in I.D.No. 222/91. However, the MP filed by the writ petitioner in terms of Section 33-C(2) of the Industrial Disputes Act, was dismissed by the Labour Court, as early as on 22.6.2001 and a little more than ten years there of, the present writ petition has been instituted without in any manner explaining as to why the petitioner has taken 10 long years to come to this Court. Therefore, the learned Judge has preferred to deny the payment of arrears on account of re-fixation of his salary but the benefit of re-fixed scale of pay shall be given effect to from October 2011. This Order was challenged before us. We have noticed that I.D.No. 222/91 raised by the writ petitioner was allowed by the award dated 27.5.1992 apart from reinstatement into service. The petitioner is also entitled to certain benefits as per the said award. There is no justification for the APSRTC to have denied such benefits to the petitioner. However, the petitioner took another eight years to file MP No. 46 of 2000. When that was dismissed by the Labour Court on 22.6.2001, he took a little more than 10 years to approach this court for filing the writ petition. Therefore, very rightly the learned Single Judge has held that the petitioner was guilty of laches. However, instead of confining benefit of pay fixation from October 2011, the learned Single Judge could have possibly granted the said benefit from October 2010 inasmuch as the relief could have been granted at least for one-year period. Learned Single Judge has rightly noticed that the re- fixation of pay has to be made by the APSRTC and that benefit cannot be denied to the writ petitioner-appellant. For securing the said benefit, an employee was not really required to litigate. Therefore, ends of justice would have met with completely, if the petitioner- appellant has been allowed the benefit of pay fixation from October 2010 i.e., for a period of one year instead of granting such a benefit for the future period. Therefore, to the extent indicated supra, the order of the learned Single Judge stood modified. No costs. ________________________ GHULAM MOHAMMED, J ________________________________ NOOTY RAMAMOHANA RAO, J DATE: 30.11.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.