Depot Manager, A.P.S.R.T.C. vs Industrial Tribunal-cum-Labour Court and Others

K.M. Agarwal, J.—With the consent of the learned Counsel for the parties, the writ appeal itself is finally heard.

This appeal is filed by the Depot Manager, Andhra Pradesh State Road Transport Corporation, Jangaon, Warangal District, against the order dated 25-10-94, of a learned Single Judge of this Court, vacating the interim stay granted by him on 21-3-94.

One T. Yadagiri was in the employment of the writ appellant as a Driver. His services were terminated with effect from 23-5-88 and therefore, he raised a dispute before the Industrial Tribunal (I.D. No. 57/91). During the pendency of the dispute., Yadagiri died on 21-2-92 and therefore, his legal representatives were brought on record. Ultimately, by award, dt. 20-8-93, the Tribunal was pleased to quash the termination order and to direct the Corporation to pay backwages for the period between 23-5-88 to 21-2-92 (date of death of the employee) to the legal representatives of the employee. At the same time, a further direction was made to give employment to one of the legal representatives of the deceased on compassionate ground. Being aggrieved, the corporation filed W.P. No. 4808/94 and also applied for staying the operation of the impugned award of the Tribunal. The operation of the award was stayed by order, dt. 21-3-94, but vacated on 25-10-1994. Being aggrieved, the Corporation has filed this writ appeal. In the meanwhile, we are informed, the Corporation has paid the backwages of the deceased employee for the period between 23-5-88 to 91-2-92 to his legal representatives. Now, therefore, the dispute that remains is about giving employment to one of the legal representatives and/or dependents, of the deceased employee, as directed by the Tribunal.

The learned Counsel for the contesting respondents herein vehemently argued before us that the direction made by the Tribunal was perfectly justified in the light of certain decisions of the Supreme Court.

At this stage, we are not concerned whether the Tribunal could or could not direct the Corporation to give employment to one of the legal representatives and/or dependents of the deceased employee of the Corporation, because the writ petition is still pending and the question is to be decided by a learned single Judge of this Court. We are at present concerned with the question. Whether that part of the order of the Tribunal directing employment to one of the legal representatives of the deceased employee, may or may not be stayed. We are of the view that if stay is not granted, virtually the writ petition would stand decided and dismissed. In such cases of compassionate employment, the Court has to see and decide that, as per rules prevailing with the corporation, such compassionate appointment could be given to one of the legal representatives of the deceased. Before final adjudication in that regard, if employment is given, there is a likelihood of further complications, in case ultimately it is found that no legal representative of the deceased was entitled to such employment.

Under the circumstances, we are of the view that this appeal deserves to be partly allowed and accordingly it is hereby partly allowed. In so far as the direction of the Tribunal to give employment to one of the legal representatives of the deceased is concerned, it shall remain suspended, pending disposal of the writ petition on merits. No order as to costs.

In the meanwhile, we direct the office to list W.P. No. 4808/94 for final hearing, as far as possible in the month of November, 1995.