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2006 Supreme(AP) 65

Andhra Pradesh High Court
Judges : L.NARSIMHA REDDY
K.Karunakar - Appellant
Versus
APSRTC, Hyderabad - Respondent
W.P.No.24754/05
Decided On : 01-24-06
Advocates Appeared :
Mr.V. Narasimha Goud, Mr.V.T.M. Prasad

Headnote:INDUSTRIAL DISPUTES ACT, Secs.2-A,2-A(2) & 11-A - Petitioner, driver of APSRTC tried for offence u/Sec.304-A IPC and found guilty in Departmental enquiry - Depot Manager of Corporation passing order removing petitioner from service - In appeal, Divisional Manager set aside order of removal and directed re-appointment of petitioner as fresh candidate - Labour Court passing order rejecting I.D holding that once petitioner reinstated in service I.D not maintainable - Contention that petitioner taken into service as fresh candidate, denying him benefit of past service etc., are relatable to such removal and thereby fall within scope of Sec.2-A(2).

       In this case, Labour Court refused to adjudicate I.D raised by petitioner u/Sec.2-A(2) on sole ground that order of removal passed against petitioner ceased to exist, once he came to be reinstated.

       Secs.2-A & 11-A - Perusal of Sec.2-A discloses that facility extended thereunder not limited to instances of discharge, dismissal, retrenchment or termination alone - Provision proceeds further to take in its fold, “any dispute or difference”, which is “connected with, or arising out of” such discharge, dismissal, retrenchment or termination - Denial of benefit of past service and wages for period of suspension are not only connected with, but also arise out of, order of removal passed against petitioner and thereby, it constitutes a “dispute or difference” - Just as

       Secs.2-A, as well as Sec.11-A take in their fold an “industrial dispute relating to discharge or dismissal” of a workman, apart from validity of very discharge or dismissal.

       If interpretation, as one adopted by Labour Court, in instant case, is to be accepted, very purpose of inclusion of Secs.2-A or 11-A would be defeated - Unless relevant statute specifically bars such remedies, principles of estoppel, acquiescence or waiver, cannot be invoked in such cases - Acceptance of limited relief granted to litigant, at one stage of proceedings, shall always be without prejudice to his right, to seek further redressal - Award passed by Labour Court, set aside - Writ petition, allowed.

( 1 ) THIS writ petition raises a question of general importance, in the field of adjudication, under the Industrial disputes Act (for short the Act ).

( 2 ) THE petitioner is employed as a driver in the A. P. S. RT. C. On 15-5-1997, he was entrusted with the duty of driving a bus, on the route from Hyderabad to amarachinta. At 11:15 p. m. , on that day, an accident took place, involving the Bus, driven by the petitioner, and a bullock cart; resulting the death of one person and a bullock. Disciplinary proceedings were initiated against the petitioner, by the Corporation. Simultaneously, the petitioner was tried for an offence under Section 304-A of I. P. C.

( 3 ) IN the departmental enquiry, petitioner was found guilty of misconduct. The 3rd respondent passed an order dated 27-10-1997, removing the petitioner from service. Aggrieved thereby, the petitioner preferred an appeal before the 2nd respondent. On 12-12-1997, the 2nd respondent allowed the appeal, in part; set aside the order of removal, and directed re- appointment of the petitioner, as a fresh candidate. Review filed by the petitioner before the 1st respondent was rejected.

( 4 ) PETITIONER raised an industrial dispute under Section 2-A (2) of the Act, before the Labour Court-I, Hyderabad, and it was numbered as I. D. No. 149 of 2002. Respondents contested the matter. The labour Court passed an award, dated 24-3-2005, taking the view that, it is not open to the petitioner, to raise an industrial dispute, under Section 2-A (2) of the Act, once he was reinstated into service, and in that view of the matter, the I. D. is not maintainable. The petitioner challenges the same.

( 5 ) SRI V. Narsimha Goud, learned counsel for the petitioner submits that the petitioner has been removed from service, and Section 2-A (2) of the Act, takes in its fold, all disputes, that arise out of such action. He contends that the fact that the petitioner was taken into service, as a fresh candidate, denying him the benefit of the past service, etc. , are relatable to such removal, and thereby, fall within the scope of that provision. Learned Counsel submits that having regard to the object underlying the Act, in general, and Section 2-A (2) of the Act, in particular, the Labour Court was not justified in rejecting the I. D. He places reliance upon the judgment of the Orissa high Court reported in Joseph N. K. Pradhan v. Industrial Tribunal, 1976 lab. IC 1396.

( 6 ) SRI V. T. M. Prasad, learned Standing counsel for the respondents, on the other hand, submits that Section 2-A (2) can be pressed into service, only when an employee is suffering the consequences, of dismissal, removal, or discharge from service, and it does not apply to cases, where an employee has been reinstated, after removal. It is urged that the reinstatement of the petitioner, as a consequence of the orders passed by the appellate authority, the whole procedure partakes a different character, and that no exception can be taken to the award passed by the Labour Court.

( 7 ) THE facts, that gave rise to the filing of this writ petition, have already been narrated, with permissible brevity. There is no contest between the parties, as to the said facts. The Labour Court refused to adjudicate the industrial dispute, raised by the petitioner, on the sole ground that it does not fall within the scope and ambit of section 2-A (2) of the Act.

( 8 ) THE preamble of the Act itself makes it clear that it was enacted with a view to make provision for investigation and settlement of industrial disputes, and other related purposes. A close scrutiny of the various provisions of the Act discloses that the object of the Legislators was to address the various issues, relating to the industry, in general, in contradistinction, to the individuals concerned therewith, as employers or employees. The definition of various terms, such as workman, industry, employer, or incorporation of elaborate provisions for general phenomena, such as strikes,





















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