A. LAKSHMANA RAO, J.

( 1 ) THIS case is posted before us on a reference made by a Division Bench. Having been of the view that the question whether the remedy under S. 33c (2) of the Industrial Disputes Act is barred by the provisions of S. 15 of the Payment of Wages Act, arises quite often and having been further of the opinion that the conflict between the two Division Bench decisions in A. B. Saleem v. The Labour Court, Hyderabad, (1973) 2 APLJ (S. N.) 40 and M. Krishnaswamy v. Assam Tea Depot, (1976) 1 APLJ (HC) 291: (1977 Lab IC 432) should be finally resolved the Division Bench directed that the writ appeal be posted before a Full Bench.

( 2 ) THE appellant was appointed as a driver by the management of Sri Venkateswara Bus Union in the year 1939. The said undertaking was transferred to M/s. Bharati Velu Bus Service the first respondent in the year 1949 along with the personnel working in the undertaking including the appellant. He continued in the service of the first respondent without any change in his service conditions. On December 19, 1970 while he was driving a motor vehicle covered by a stage carriage permit, owned by the first respondent, on the route Tirupati to Nel

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