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1996 Supreme(AP) 210

P.S.MISHRA, MAHEMMAD HABEEB SHAMS ANSARI
J. Rama Rao – Appellant
Versus
A. P. State Road Transportcorporation – Respondent


M. H. S. ANSARI, J.

( 1 ) THE Appellant - Writ Petitioner filed an application under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short "the Act) claiming the salary for the period he was out of service due to orders of termination passed by the Writ petitioner - Respondent and which orders of termination were declared to be illegal in the suit O. S. No. 5 of 1983 filed by the appellant before the Court of the viii Asst. Judge, City Civil Court, Hyderabad. By the said decree, the orders of termination passed by the writ petitioner-respondent Corporation were declared as illegal and invalid and that the Appellant should be treated as in continuous service. The petitioner also claimed the benefits under Circular no. PD-I0/1980-81, dated 24-4-1980 to which he was held entitled by orders passed inhis favour in W. P. No. 5710of 1989 dated 7-7-1989. The aforesaid claim of the petitioner was allowed by the Labour Court and aggrieved against the same, the Writ Petition was filed by the Respondent Corporation. By the impugned Orders, learned single Judge, upheld the writ petitioner responden s challenge to the maintainability of the appellant s claim in proceedings under Secti











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