No increment for the period of gap in continuity to workman reinstated without any attendant benefits and back-wages

V.V.G. Reddy


A.P.S.R.T.C. Nizamabad Region & Another

Facts of the Case:

Respondent Corporation is constituted and incorporated under the Road Transport Corporation Act, 1950. Appellant V.V.G. Reddy joined its service in 1981 as a conductor. In 1982, a disciplinary proceeding was initiated against him whereby he was held guilty and his services terminated.

Appellant raised an industrial dispute which was referred to the Labour Court by the State of Andhra Pradesh. The Labour Court ordered his reinstatement in service with continuity in service but denied attendant benefit and back wages. In pursuance of the same, the appellant was reinstated as directed by the Court in 1983. Despite of this, he was not paid at par with his colleagues and also no notional increments had been granted. Subsequent to this, he moved the High Court by means of a writ petition in 1987 seeking grant of notional increments for the interim period. The petition was allowed by the single Judge directing the respondent Corporation to pay attendant benefits.

Respondents to this preferred an appeal before a Division bench of the High Court which reaffirmed the order of Labour court considering the fact that the order passed by Labour court had consent of both the parties. Appellant approached the Supreme Court questioning the order of the Division bench of High court.

The Supreme Court considering that the findings of the disciplinary authority, holding the appellant guilty, had not been set aside held that denial of back wages and attendant benefits for the interim period would be sufficient punishment. The appeal was dismissed without any order for costs.


Source: Labour Law Reporter, pg. no. 561, Supreme Court of India, June 2009


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