( 1 ) THE petitioner is a Conductor working in Andhra Pradesh State Road Transport Corporation. He filed this writ petition for issue of a writ of certiorari calling for the records in MP No. 298/1986 and quashing the order dated 7-9-1990 made by the 1st respondent-Industrial Tribunal insofar as it relates to denial of wages to him from 15-4-1979 to 16-5-1980, and directing the 2nd respondent-Management to pay him the wages from 15-4-1979 till the actual date of reinstatement.

( 2 ) THE material facts of the case are as under ; During the year 1977 the petitioner was removed from the service of the 2nd respondent as a result of departmental proceedings that were conducted against him. On failure of the conciliation proceedings, the State Government referred the matter, regarding the validity of removal order, to the 1st respondent-Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947 (for short "the Act") in ID No. 92/77. After due enquiry, the 1st respondent-Tribunal made an Award on 30-12-1978 directing the Management to appoint the petitioner afresh as a Conductor. The said Award was published in the Andhra Pradesh Gazette on 15-3-1979 under Section 17 of the Act. As per Section I7-A (1) read with sub-section (4) that Award came into operation on 15-4-1979 i. e. , on expiry of 30 days from the date of its publication on 15-3-1979. Without implementing the above said Award, the Management (respondents 2 and 3 herein) approached this Court by way of Writ Petition No. 344l of 1979 and obtained interim stay of operation of the Award on 23-4-1979 in WP MP No. 4394 of 1979. Inspite of this interim order, during the pendency of the said writ petition, the Management on the request made by the petitioner s Counsel issued an appointment order on 25-3-1980. In pursuance thereof, the petitioner reported to duty on 8-4-1980. Thereafter he was given the posting order on 17-5-1980. It appears that, subsequently, the said writ petition was also dismissed. Thereafter the petitioner approached the 1st respondent-Industrial Tribunal under Section 33-C (2) of the Act claiming an amount of Rs. 11,586. 20 ps. , under several heads, including an amount of Rs. 6s229. 00 towards wages from 15-4-1979 to 16-5-1980. That petition was partly allowed on 7-9-1990. However the claim of Rs. 6,229. 00 towards wages from 15-4-1979 to 16-5-1980 was disallowed. The relevant portion of that order is as follows :"8. Unfortunately the petitioner suppressed the fact that Writ Petition No. 3441/79 was filed in the High Court of Andhra Pradesh and the award was stayed by an order dated 23-4-1979. The petitioner also suppressed the fact that the reinstatement was ordered by the High Court at request of the Counsel for (he petitioner subject to the result of the writ petition. In pursuance of the direction given by the High Court the petitioner was appointed by proceedings dated 25-3-1980 in Ex. W2. The petitioner reported to duty by submitting his application dated 8-4-1980 in Ex. W3. The petitioner had to be reinstated as fresh candidate. As per the award the management had to find out the vacancy position and post the petitioner. Ultimately they posted the petitioner at Kukatpally depot with effect from 17-5-1980. They had to complete the formalities of fresh appointment. They took about one mouth after the application of the petitioner in Ex. W3. This is a reasonable time and the petitioner is not entitled for any amount for this period. Therefore, I hold that the petitioner is not entitled towards wages from 15-4-1979 to 16-5-1990. "this part of the order is now challenged in this writ petition.

( 3 ) MR. G. Vidyasagar, learned Counsel for the petitioner, contends that the order is vitiated by an apparent error inasmuch as the 1st respondent-Tribunal failed to consider the effect of the mandatory provisions contained in Section 17-A (1) read with subsection (4) of the Act and, therefore, the order of this extent has to be set