H. K. Sema, J. - (1.) These two appeals arise out of a common question of law and fact and they are being disposed of by this common judgment.
(2.) Civil Appeal No. 7797 of 2003 is preferred by the Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.) and Civil Appeal No. 37 of 2005 is preferred by the workman - D. Shanker.
(3.) In Civil Appeal No. 7797 of 2003, preferred by the A.P.S.R.T.C., the facts are as follows: - The respondent was appointed as Retainer Conductor under the appellant-Corporation in the year 1970. He was subsequently removed from the service in 1971. However, he was again appointed as Conductor on 12-6-1972. He secured a subsequent appointment without disclosing that he worked as a Conductor earlier under the department. When it came to the knowledge of the appellant that the workman had worked as a Conductor at Karimnagar Depot earlier and was removed from the service, a proceeding was initiated against him and he was removed from service on 01-05-1975. Respondent raised an Industrial Dispute before the Labour Court assailing the order of his removal from service. It may be noted that the dispute was raised at a belated stage in the year 1988. The Labour Court by an Award dated 28-12-1992 came to the conclusion that the dismissal of the respondent from service cannot be sustained and the Court directed the respondent be reinstated into service without back-wages. It may be noted that the workman did not challenge the order of the Labour Court directing to reinstate him into service without back-wages. Pursuant to the order of the Labour Court, the workman was reinstated on 28-05-1993. Thereafter, the appellant passed an order dated 17-05-2000 stating that the respondent would not be eligible for notional increments from the date of his removal from service. Being aggrieved, respondent preferred Writ Petition before the High Court of Andhra Pradesh assailing the order dated 17-05-2000. In the said Writ Petition the respondent inter alia prayed for granting of notional increments for the period from 01-05-1975 to 10-06-1993. Learned single Judge, following the earlier decision of the Division Bench of High Court in A.P.S.R.T.C. vs. P. Nageshwar Rao, 2001 (4) ALD 568, directed the Corporation that the pay of the respondent should be fixed by taking into consideration the notional increments. Aggrieved thereby, the appellant preferred a Writ Appeal No. 1209 of 2002 without any result. Hence the present petition.;