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Tuesday, August 2, 2011

DIRETED TO PAY ALL BENEFITS TO THE EMPLOYEE

The petitioner was a driver in the Apsrtc. A crime was registered against him under section 302 of IPC. He was arrested and produced before the lower court later he was remanded to the judicial custody. Immediately he was intimated to authorities through his wife stating that he was in judicial custody. A charge was issued on the ground that he was unauthorized absent from duty. The same was communicated to the delinquent employee by RPAD. The said charge was returned unserved. During the course of inquiry, the E.O. observed that the delinquent employee wife was informed that the her husband was in judicial custody. He was acquitted in criminal case. Ultimately, the charge was proved and the delinquent employee removed from service. The same was questioned before the Labour Court and the Labour court after conducting a detailed enquiry and I.D was allowed and directed the APSRTC to reinstate the workman with continuity of service by granting all the service benefits. The award of the Labour court was challenged before the Hon’ble High Court by APSRTC on the ground that committed illegality and violated the statutory regulation 28 of APSRTC. The High Court after hearing the case, dismissed the W.P. and directed the writ petitioner/Apsrtc to implement the order of the award within 8 weeks from the date of receipt of the order.