Andhra Pradesh State Road Transport Corporation v. Industrial Tribunal-Cum-Labour Court

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.17204 of 2002 ORDER:

This writ petition is filed seeking to issue a writ of Certiorari calling for the records relating to and connected with I.D.No.34 of 2000 on the file of the 1st respondent-Labour Court and quash the award dated 04.02.2002 passed therein, holding it as illegal and arbitrary.

Heard learned Standing Counsel for the petitioner-Corporation and Sri K.K.Chakravarthi, learned counsel for the 2nd respondent. It has been contended by the petitioner-Corporation that the 2nd respondent-workman was appointed as a Conductor in the Corporation. While so, a charge sheet was issued to the 2nd respondent on 16.09.1998 on ticket and cash allegations. After initiating disciplinary proceedings and after conducting regular enquiry and for the proven misconduct, the disciplinary authority had imposed the punishment of removal from service, vide orders dated 04.06.1999. Questioning the same, the 2nd respondent unsuccessfully preferred an appeal, and thereafter raised an industrial dispute in I.D.No.34 of 2000 on the file of the 1st respondent-Labour Court under Section 2-A(2) of the Industrial Disputes Act.

The Labour Court without properly appreciating any of the contentions raised by the Corporation, passed an award dated 04.02.2002, setting aside the order of removal and directed for reinstatement of 2nd respondentworkman with continuity of service and back wages. Aggrieved thereby, the present writ petition is filed.

Learned counsel for the 2nd respondent has contended that the Labour Court has rightly passed the award in favour of the 2nd respondent and, therefore, no interference is called for. This Court, having considered the rival submissions of the parties, is of the considered view that the Labour Court has rightly passed the award in favour of the 2nd respondent. Further, no illegality or irregularity is pointed out by the learned Standing Counsel for the petitioner-Corporation in the award passed by the Labour Court. Unless and until any illegality or irregularity is pointed out in the award passed by the Labour Court, this Court cannot interfere with the award. There are no merits in the writ petition and the same is liable to be dismissed.

Therefore, the writ petition is dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 13th December 2018 ajr