IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1860 of 2009 Between: Syed Kursheeduddin S/o. Hamiduddin APSRTC, Kushaiguda Bus Depot, R/o. 18-8-21/6, Riyasatnagar, Midhani Cross Roads, Kanchanbagh, Hyderabad. ..... PETITIONER AND 1 The Dy. Chief Personnel Manager, APSRTC Hyderabad City Zone, JBS, Picket, Secunderabad. 2 The Depot Manager, APSRTC, Kushaiguda Bus Depot, Kushaiguda, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring that the action of the respondents in not reinstating the petitioner into service as per Hon'ble Labour Cout award in ID No. 50/2001 dt. 30-12-2002 by the respondents herein is bad arbitrary, illegal, unjust and unreasonable by setting aside the letter No. L2/785(60)/2003-HCR dt. 4-11-2008 of the 1st Respondent herein and consequently direct the respondents to reinstate the petitioner into service as per award of the labour court w.e.f. date of publication of the said award to the petitioner herein and pass Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for the Respondent No.: MR.K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 1860 OF 2009 ORDER: 1. The petitioner was appointed as a Conductor in the respondent Corporation on 8-12-1995 on compassionate grounds. He was charge sheeted on cash and ticket irregularities and on a full fledged enquiry, the Depot Manager, APSRTC, Kushaiguda,-2nd Respondent removed him from service. He challenged the removal order before the Industrial Tribunal by raising a dispute. The Industrial Tribunal, Hyderabad entertained the dispute and numbered as I.D.No. 50 of 2001. By Award dated 30-12-2002, the Industrial Tribunal ordered for reinstatement of the petitioner as a fresh recruit, but without any back wages, without any continuity of service and attendant benefits. 1st respondent issued reinstatement order and communicated the same to the petitioner to the address given in I.D. The same returned unserved and thereupon a paper publication have been made in the local Eenadu Daily Newspaper on 3-1-2004. The petitioner approached this Court contending that he was not aware of the order passed by the 1st respondent directing him to report duty on or before 16-1-2004. 2. When the writ petition came up for admission, Sri K. Madhava Reddy, learned standing counsel for APSRTC takes notice on behalf of the respondents. 3. Heard learned counsel for the parties 4. Learned counsel appearing for the petitioner submits that the appointment order issued by the 1st respondent has not been communicated to the petitioner and therefore, he could not report before the 1st respondent. 5. Learned standing counsel appearing for the respondents submits that the appointment order has been sent to the address given by the petitioner in I.D. and the same has returned unserved and thereupon a notice has been published in the local Eenadu Daily Newspaper and there being no response from the petitioner, the appointment order is deemed to be cancelled. 6. The fact remains that the petitioner has not received the appointment order consequent to the award passed by the Industrial Tribunal. 7. In that view of the matter, I deem it appropriate to direct the 1st respondent to issue fresh appointment order to the petitioner. The petitioner has to approach the 1st respondent and collect the appointment order and report for duty within three weeks. The service of the petitioner shall commences fresh from the date on which he reports duty. 8. With the above observation, this writ petition is disposed of. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 3rd March, 2009. Note: C.C in three days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 1860 OF 2009 3rd March, 2009.