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2006 Supreme(SC) 187

A. P. S. R. T. C. – Appellant
Versus
B. S. David Paul – Respondent


Judgment

Arijit Pasayat, J.—These appeals involve identical issues and are therefore disposed of by this common judgment.

2. Andhra Pradesh State Road Transport Corporation (in short the ‘Corporation’) calls in question legality of the judgments rendered by the High Court holding that the respondent in each of the appeals was entitled to back wages.

3. A brief reference to the factual position which is almost undisputed would suffice:

Respondents who claimed to be employee of the appellant-Corporation claimed before the Labour Court, Hyderabad (in short ‘the Labour Court’) that their services were illegally terminated. Reference was made by the State Government under the Industrial Disputes Act, 1947 (in short the ‘Act’).

4. Appellant-Corporation took the stand that they were not its employees and, in fact, were employees of independent contractors. The Labour Court did not accept the stand and held that the termination was bad and the concerned applicants were entitled for reinstatement. It is not in dispute that the appellant-Corporation has reinstated the respondents. Subsequently, the respondents filed application before the Labour Court stating that they were entitled to back wage















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