IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6609 of 2008 Between: 1 The Managing Director, APSRTC, Munshirabad, Hyderabad. 2 The Depot Manager, APSRTC, Suryapet, Nalgonda District. ..... PETITIONER(S) AND 1 Sri V. Somaiah, E. 29417 Rtd ADC, Plot No. 63, Pragathi Nagar, Ramanthapur, Hyderabad. 2 The Presiding Officer, Labour Court-III, 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 of certiorari calling for the records relating to the impugned order dt. 20-6-2007 in MP No. 18/2005 on the file of the Labour Court-III, Hyderabad as directed the petitioners herein to pay the amount of Rs. 17,617-45 Ps. along with 12% interest from the date of petition to the Respondent No. 1 towards encashment value of 71 days of earned leave as illegal arbitrary, and unjust without jurisdiction and consequently quash the same and pass Counsel for the Petitioner:SMT.B.G.UMA DEVI Counsel for the Respondent No.: GP FOR LABOUR The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6609 of 2008 ORDER: The 1st respondent was appointed as a Conductor in A.P.S.R.T.C. on 08.04.1996 and retired as Assistant Depot Clerk on 30.06.2000. He was extended the retirement benefits, including gratuity, leave encashment etc. Complaining that two spells of period i.e., from 30.09.1994 to 10.12.1994 and from 11.12.1994 to 12.01.1995 were adjusted towards leave, without permitting him to encash the corresponding period, the 1st respondent filed M.P.No.18 of 2005 under Section 33-C(2) of the Industrial Disputes Act, before the Labour Court-III, Hyderabad. After hearing the petitioners and the 1st respondent, the Labour Court passed an award, dated 20.06.2007, holding that the said period is available for encashment and directed the petitioners to pay the wages for that period, being Rs.17,617.45 ps. with interest at the rate of 12% per annum. The same is challenged in this writ petition. Heard the learned counsel for the petitioners and the learned counsel for the 1st respondent. It is true that the 1st respondent had to his credit, leaves of different categories, by the time, he retired and he intended to encash them. On their part, the petitioners treated the two spells, referred to above, as utilized leaves. The Labour Court did not accept their contention and held that the 1st respondent was entitled to encash the corresponding period. This Court is not inclined to disturb the finding recorded by the Labour Court. One important aspect, which needs to be taken note of, is that irrespective of the number of leaves, of different categories, to his credit, an employee would be permitted to encash them, subject to a limit. Under Regulation 36 of the A.P.S.R.T.C. (Leave) Regulations, the commutation of leave is restricted to 180 days in respect of the employees of Class-I, II and III; and 90 days, for Class-IV employees. Therefore, the question as to whether the commutation of leave in respect of the 1st respondent would exceed the limit under Regulation 36, if the benefit under the award is extended to him, needs to be examined. The writ petition is, accordingly, disposed of, directing that the benefit extended to the 1st respondent under the award shall be subject to the maximum, stipulated under Regulation 36 of the A.P.S.R.T.C. (Leave) Regulations. The petitioners shall be under obligation to furnish a detailed statement of commutation to the 1st respondent. If any defects are noticed in it, it shall be open to the 1st respondent to bring the same to the notice of the petitioners, for necessary action. There shall be no order as to costs. _________ 03.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6609 of 2008 Date: 03.04.2008 JSU