✦ High Court of India · 24 Jan 2025

The Depot [\ v. 1. P.[V]ahesh

Case Details High Court of India · 24 Jan 2025
Court
High Court of India
Decided
24 Jan 2025
Bench
Not available
Length
1,495 words

3. Smt. P. Sukanya, W/o. Late P. Mahesh, Aged about 46 years, C/o. l.P_ Joel, Gen Secy and Representative, APSTRC Employees and Workers Union, Regd. No. H. No. 10, Door No. 11-4-288 and 11-4-77178, Chilkalguda, Secunderabad - 500061 .

4. Kum P. Rushali, Dio. Late P. Mahesh, Aged about 22 years, C/o, l.P. Joel. Gen Secy and Representative, APSTRC Employees and Workers Union, Regd. No. H No. 10, Door No. 11-4-288 and 11-4-77178, Chilkalguda, Secunderabad - 500061 .

5. Kum P. Diya, D/o. Late P. Iri{ahesh, Aged about 21 yearc, C/o. l.P. Joel, Gen Secy and Representative, APSTRC Employees and Workers Union, Regd. No. H. No 10, Door No. 11-4-288 and 11-4-77178, Chilkalguda, Secunderabad 500061 . 6 Mr. P. Harshith, S/o. Late P. Mahesh, Aged about 16 years,. C/o l'P.Joel, Gen Secy and Representative. APSTRC Employees and WorKers unlon' nego. Nt l.-tto.'10, Door irlo. 11-4-288 anci ll'q-77lta, Chilkalguda, Secunderabad 500061 . (As oer Court Order dt.24-O1-2025 vide l.A.No.1 ot 2024 in W'P'No'25733 bt zdtt . RR3to6 are LRs of the Rl ) ...RESPONDENTS Petition under Article 226 of the Constitution of lnd a praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriaie writ, order or direction m6re particularly one in the nature of Writ of Certiorari, calling for records relating to Award in lD No.145/20'13 dated 17.08.2016 on the file of the Labour Court - l, Hyderabad which was published in Telangana Gazette vide G.O.Rt No.783 dated 14.'lO'2016 and quash the same as arbitrary, illegal and without juriscliction and pass such further order or orders as this Honble court may deems fit and proper in the circumstances of the case. l.A. NO: 1OF 2017(WPMP. NO:319 't9 0F 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition. the High Court may be pleased to grant stay of all further proceedings in lD No.145/2013 dated 17.08.2016 on the file of the Labour Court - I, Hyderabad, pending disposal of above W.P. No. of 2017 and pass such further order or orders as this Honibl(-' court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner : SRI R.ANURAG (SC FOR TGR'[C) Counsel forthe Respondent No.1 : -- Counsel for the Respondent No.2 : Ms.N.SUSHMA, GP FOR LABOUR The Court made the following: ORDER THE HON'BLE SHRI JUSTICE ANIL KIIMAR JUKANTI WRIT PE'TITI oN No.25733 Ot 2Ol7 ORDER: This writ petition is filed seeking the following relief: 'to issue an appropriate writ, order or direction more particularly one in the nature of Wnt of Certiorai, calling for records relating to Award in lD No. i45l2013 dated 17.O8.2O16 on the hle of the Labour Court - I, Hyderabad which was published in Telangana Gazette vide G.O.Rt.No.783 dated 14.1O.2016 and quash the same as arbitrary, iltegal and without jurisdiction and pass such further order or orders as this Hon'ble Court may deems ht and proper in the circumstances of the case".

2. Hearcl Mr. I?. Anurag, learned Standing Counsel for peLitioner and Ms. N. Sushma, learned Government Pleader for Labour, appcaring on behalf of respondents.

3. During thc r:ourse of submissions, a copy of the Lok Adalat Arvard, cl:rted 14. 12.2024, is brought to the notice of this Court. Lau' Officer, TCiSRTC (for petitioner), Ms. P. Sukanya, Ms. P, Rushal, Ms. P. Diya and Mr. P' Harshith, learned counsel for respondents, havc signed the Lok Adalat Award' I I : r I I I I I I 1 1 i t I I i i 7 JAK, J W.P No 25731of20l7

4. Respondent Nos.3 to 6 are legal representatives of respondent No.l and are brought on record uide I.A.No'1 of

5. The terms and conditions of award, dated l'+.12-2O24 in W.P.No.25733 of 2Ol7 are as follows "The above case between the parties having been referred for determination to the LOK ADALI.T ard the parties having compromised the case/matter, the following Award is passed in terms of the settlement: Sri P.N.M.Chary, taw Officer on behalf of T(iSRTC and trgal Heirs Smt.P.Sukanya wife of LeLte Sri P.Mahesh - Respondent/ Petitioner were [)resent before tl.e lok Adalat. The TGSRTC/Corporation hled W.P.No.25733 of 2017 against the Industrial Dispute No 145 of 2013 And Miscellaneous Petition No.45 o[ 2OI3 daled 17- Oa-2O16 passed by the Labour Court-I, Hyderabad. Sri P. Mahesh, E. 210069, Ex Conductor ol HCU depot was removed from service on 09- IO-2()12 for his misconduct in C & T irregularit'7 He rarsecl ID No. 145 of 2013 before Labour Court [: Hyclerabad against his removal order dated 09 IO.20I2. Ttre Hon'ble Tribuna.l passed the award dated fi.Oa-2O16 directing lo reinstate lhe PC-llioner into service $rithout back wages and attendant benefrts but with continuity of sen'ice s and iflcrements, and tl:e claim of thc petitioner [or subsistence allowance is dismissed. Corporation frled WP No. 25733 of 20 17 against the award dated 17.08.20 16 in tD No i45 c'f 2O 13 duly reinstating him into sen'ice on 22-08 )Ol7 al BKP depot. During the pendencv of the Writ l)etition No. 25733 of 2Ol7 he died oo 06.06.2021 u'hile in service. Accordingly the l,egal Hiers Smt P S I kanya wife of Late Sri P. Mahesh lt'ere brought ou record vide LR Pet IASR 104926 ol 2024. dated O4-l 2.20'24. llA 1 I 24 dt\e!12. t 2.2O 2a 1 Smt P. Sukanya submrllcd a rcpr|s|rrtalion dated 29 -I1.2024 stating to settle the case bcfore Lok Adalat duly submitting her u'illingncss to forego l I J JAK, J W.P.No.25733 of20l7 lncrements as awarded in ID No 145 of 2O13. She further requested to pay the terminal benefits of her husband duly extending the benefit of continuit5r of service as awarded in ID No l4S of 2Ol3 d;ted 17.08.2016. Accordingly, compromise had been entered between the petitioner and the respondents 3 to 6, L.Rs. of the deceased P.Mahesh-lst respondent herein on the tollowing terms and conditions: 1. Corporation agreed to extend t]le benefit of continuity of service and to pay the death benefrts of Late p.Mahesh to his wife Smt. P.Sukanya who expressed her willingness to forego increments as awarded in ID No. 145/2O 13. 2. The Respondent Corporation also expressed its willingness to consider the request of Smt.P.Sukanya respondent No.3 for providing any suitable post to Sri p.Harshit who is minor now, after attaining majority under compassionate rules as per thl eligibility and the circular guidelines of the respondent corporation. In pursuance of the said settlement, tJ:is W.P.No.25733 of 2OIZ is disposed of directing the Respondent Corpora[ion to pay the eligible bene-fit to the Respondent/ Peritioner as per the tr,tOU witt ln a period of One month from the date of receipt of copy of this award_ [n default, the Respondent/petitioner is entitled to claim interest (yg l2o/o from the date of award till realization- Accordingl_v, the Award is passed in terms of Memorandum of Compromise. The Memorandum of Compromise shall form part of the award. The parties are informed that the court fee, if any, paid on rhis Petition shall be refunded. In token o[ consent for the above settlement and awald, the parties and their counsel have sigrred this awar-d in our presence. In terms o[ the compromise arrived between the parties, the Writ Petition shall stands disposed of."

6. In view of the compromisc on the terms and conditirons arrived between the parties, the writ petition is disposed of in 4 JAK, J !v.P.No.25733 of20l7 terms of the award dated 14.12.2024. There shall be no order as to costs. Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. SD/- P.Ch. NAGABHUSHAMBA SI TANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Presiding Officer, Labour Court - l, Chandra r Build ing Nampally, Hyderabad

2. One CCto SRI R.ANURAG, (SC FORTGRTC). [OPUC] 3. Two CCs to GP FOR LABOUR, High Court for the Stat<: of Telangana. IOUTI 4. Two CD Copies. 6 BSK GJP HIGH COURT DATED:2410112025 11 HE S 1,q o k o o ill JUN 2s25 f,, . ,, 1-i_ ORDER WP.No.25733 ot 2017 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .,(- J

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