REGULARISE SERVICES OF PETITIONERS FROM DATE WHEN THEY COMPLETED 10 YEARS

The petitioner were appointed as Cleaners/Sweepers in the respondent-APSRTC Corporation and were initially attached to Gannavaram depot in May 1989 and worked upto 30-6-1992, However, with effect from 1-7-1992 their services were terminated. Aggrieved by the same they have filed I.DU/s.2 –A (2) of I.D.Act seeking direction to the corporation to reinstate them into service with continuity of service back wages and attendant benefits. After conducting a detailed enquiry the Labour Court directed the respondent Management to reinstate the petitioners into service with continuity of service and all attendant benefits. Aggrieved thereby, the respondent Management filed W.P. and dismissed the W.P. by learned single judge. Against that, the Management has filed W.A. The Division Bench of High Court also dismissed the W.A. while upholding the order of the learned single Judge. Thus the order made in ID has attained finality. However, when the petitioner were not instated into service, they had filed E.P.s before Labour court and ultimately they were reinstated into service in November 2004 and working as such since then. The petitioner can not be blamed for not being in service between 1992 to 2004 and, therefore, their service to treated as continuous and without break. The petitioners thus having completed 21 years of service with respondent-Corporation and held entitled for regularization of their service. Moreso, when service of such similarly placed persons who approached High Court were regularized and between 2004 and 2010, at least on tow occasions , Government accorded sanction for regularization of about 4000 employees. Engaging the petitioners for such a long time as casuals is nothing but unfair labour practice with in meaning of Se.2 (ra) of ID Act S-25 –T of the said Act prohibits such unfair labour practice. By continuation of petitioners in Corporation for last more than 21 years itself, it can be construed that there are vacant posts available. Petitioners, held entitled for regularization of their service and to be put on regular timescale. WP Allowed. The respondent Corporation directed to regularize service of petitioner s from date when they completed 10 years of service and put them on timescale on 1-9-2010 with notional increments from date of regularization. However, the petitioners not entitled for any arrears of increments and revised pay scales etc.