IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20640 of 1999 Between: B.Narsaiah, S/o. Veerabhadriah, R/o. Warangal District. ..... PETITIONER AND 1 Industrial Tribunal-cum-Labour court, Warangal. 2 Andhra Bank, Zonal Office, rep.by it's Assistant General Manager. Hanamakonda,Warangal. .....RESPONDENTS 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 issue a writ of Certiorari or any other appropriate writ, direction or directions, and to quash the Award of the 1st respondent in I.D.(central) No.1/1994, dt.4.9.1997 to the extent of denying continuity of service, back wages and attendant beneﬁts to the petitioner as a temporary sub staﬀ and to issue a consequential Direction to the 2nd respondent to pay back wages to the petitioner and also to give continuity of service and pass such other orders as this Hon'ble Court deem fit and proper in the circumstances of the case. Counsel for the Petitioner :MR.V.SRINIVAS Counsel for the Respondents : GP FOR LABOUR The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 20640 of 1999 ORDER : This writ petition is ﬁled by the petitioner, being aggrieved by the Award of the Industrial Tribunal-cum- Labour Court, Warangal, dated 4 th September 1997, passed in I.D.No.1 of 1994, to the extent of denying continuity of service and backwages. 2. Even from the dispute raised by the petitioner before the Tribunal, it is clear that he was not a member of regular service in the respondent-Bank. He was only one of the empanelled candidates for recruitment. When his candidature was terminated, he raised a dispute, which was referred under Section 10 (1) (d) of the Industrial Disputes Act, 1947. The dispute, which was referred, reads as under : “Whether the action of the management of Andhra Bank, Warangal in terminating the services of Sri B.Narasaiah, Sub-Staﬀ with eﬀect from 1-5-1990 and not considering him for empanelment for future employment in terms of the Approach paper circulated by the Ministry of Finance in 1990 is justiﬁed ? If not, what relief is the said workmen entitled to ?” The Tribunal, on considering various aspects, has ordered for reinstatement of petitioner into service on the basis of the seniority list of the empanelment, made by the respondents. 3. In this writ petition, though the petitioner questions the Award to the extent of not granting the continuity of service and back wages, but asmuch as his termination was only at the stage of empanelment, even before his recruitment into regular service of the respondent-Bank, he cannot plead either for continuity of service or back wages. In that view of the matter, the Tribunal granted the direction for reinstatement of the petitioner on the basis of the seniority list of the empanelment, prepared by the respondent-Bank. Asmuch as the petitioner was not regularly recruited into the service of the respondent-Bank, he was rightly not granted the continuity of service and back wages, by the Tribunal. 4. For the aforesaid reasons, I do not ﬁnd any merit in this writ petition, which is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 21st August 2008 ajr To 1 The Industrial Tribunal-cum-Labour court, Warangal. 2 The Assistant General Manager, Andhra Bank, Zonal Office, Hanamkonda,Warangal.