HIGH COURT OF ANDHRA PRADESH

WRIT PETITION No.24248 of 2005

HON’BLE JUSTICE Dr. V.R.K.KRUPA SAGAR
Dt.-23.01.2024

The Andhra Pradesh State Road Transport Corporation

VS.
Abdul Kareem

Whether continuity of service includes notional increments for the time out of service.

Industrial Disputes Act, 1947 - Section 33- C(2), In a matter concerning a conductor dismissed
for cash and ticketing discrepancies, the labor court, upon finding culpability, reinstated him with
continuous service but denied back wages. Subsequently, after a period of four years, the
conductor petitioned for notional increments corresponding to the time out of service- Held, The
High Court ruled in favor of the employer (writ petitioner) and stated that the employee is not
entitled to notional increments because the award granting reinstatement did not specifically
mention them. The court based its decision on previous rulings which established that continuity
of service does not automatically include notional increments. [Para 6-8]

Important Points:

 Continuity of service does not automatically include notional increments.

 The court had jurisdiction because the employee's claim was based on the original
reinstatement order.
 The court stated that in order to receive notional increments, the original reinstatement
order must explicitly mention them.