THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.35697 of 1998 Dated: 22.01.2008 Between: R. Tirupathi Rao. ….. Petitioner Vs. The Executive Engineer (Civil), APSRTC, Karimnagar, Karimnagar District and others. …..Respondents THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.35697 of 1998 ORDER: The petitioner, who is a temporary Man Mazdoor with the respondent-APSRTC, filed an application under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short ‘the Act’), on the ground that the respondent had not allowed him to join duty from 01.12.1989, and since he had put in service of more than 240 days, he was entitled for protection under Section 25-F of the Act. Before the Industrial Tribunal-cum-Labour Court, Godavarikhani, the respondent herein had contended that the petitioner did not work under the respondent and that there were no temporary Man Mazdoors working in the Depots of the Corporation and that these posts existed only in the Civil Engineering Department and since the petitioner was not appointed by the respondent, the provisions under Section 25-F of the Act were not attracted. The Labour Court, however, came to the conclusion that the petitioner had put in more than 240 days of service and that he was entitled for protection under Section 25-F of the Act. An award was passed in I.D.No.64 of 1992, dated 07.10.1997, directing the respondent to reinstate the petitioner into service as temporary Man Mazdoor without continuity of service and without backwages. Aggrieved by the award, the respondent herein filed W.P.No.20196 of 1998 and this Court by order, dated 22.07.1998, dismissed the said writ petition holding that the award did not suffer from any infirmity. It is not in dispute that consequent to the dismissal of the writ petition, the award of the Industrial Tribunal-cum-Labour Court in I.D.No.64 of 1992, dated 07.10.1997, attained finality. The respondents, however, instead of reinstating the petitioner into service, passed the impugned order, dated 13.05.1998, directing the Deputy Executive Engineer to take the petitioner as Man Mazdoor and arrange payment through a contractor. Aggrieved thereby, the present writ petition is filed. This Court, by order, dated 24.11.2000, in W.P.M.P.No.43998 of 1998 passed an interim order directing the respondent to pay the petitioner minimum time scale attached to the post of regular Man Mazdoor and consequently, the respondent, by proceedings, dated 03.03.2001, accorded permission to pay the petitioner minimum pay scale attached to the post of Man Mazdoor. It is also stated across the bar that the petitioner continues to work as Man Mazdoor in the respondent-Corporation and that the award of the Industrial Tribunal-Labour Court attained finality. The respondent could not have but reinstated the petitioner into service and ought not to have directed payment of his wages through a contractor, treating him as an employee of the contractor, and not as an employee of the Corporation. However, in view of the subsequent order dated 03.03.2001, directing payment of minimum pay scale attached to the post of Man Mazdoor by the respondent-Corporation, it is evident that the Corporation itself has given a go bye to its earlier order dated 13.05.1998. The impugned order dated 13.05.1998 is contrary to law and is accordingly set aside. It is made clear that this order shall not preclude the respondents, if they so choose, from taking action against the petitioner in accordance with law. The Writ Petition is allowed accordingly. No costs. __________________________ RAMESH RANGANATHAN, J Dated: 22.01.2008 sj