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2005 Supreme(SC) 974

ARIJIT PASAYAT, TARUN CHATTERJEE, RUMA PAL, H.K.SEMA
A. P. State Road Transport Corporation (A. P. S. R. T. C. ) – Appellant
Versus
Abdul Kareem – Respondent


Judgment

H.K. Sema, J.—These two appeals arise out of a common question of law and fact and they are being disposed of by this common judgment.

2. Civil Appeal No. 7797 of 2003 is preferred by the Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.) and Civil Appeal No. 37 of 2005 is preferred by the workman- D. Shanker.

3. In Civil Appeal No. 7797 of 2003, preferred by the A.P.S.R.T.C., the facts are as follows:-

4. The respondent was appointed as Retainer Conductor under the appellant-Corporation in the year 1970. He was subsequently removed from the service in 1971. However, he was again appointed as Conductor on 12.06.1972. He secured a subsequent appointment without disclosing that he worked as a Conductor earlier under the department. When it came to the knowledge of the appellant that the workman had worked as a Conductor at Karimnagar Depot earlier and was removed from the service, a proceeding was initiated against him and he was removed from service on 01.05.1975. Respondent raised an Industrial Dispute before the Labour Court assailing the order of his removal from service. It may be noted that the dispute was raised at a belated stage in the year 1988. The Labour















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