K.Rajanna v. Dm,Apsrtc,Narayanpet And Another

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.16582 of 2002 ORDER:

This writ petition is filed seeking a writ of certiorari to call for the records in connection with ID No.50 of 2000, dated 13.09.2001, only to the extent of denying the back wages, passed by the 2nd respondent.

2. Heard Sri A.K. Jayaprakash Rao, learned counsel for the petitioner and Sri B. Mayur Reddy, learned Standing Counsel for the TSRTC.

3. It is the case of the petitioner that he was working as a conductor in the TSRTC. While he was discharging his duties, he was removed from service vide orders, dated 28.11.1998, consequent upon disciplinary proceedings were initiated against him. Challenging the said removal orders, the petitioner has preferred ID No.50 of 2000 and the Labour Court - III was pleased to pass an award on 13.09.2001 directing the respondents to reinstate the petitioner into service with continuity of service, however, denied back wages.

4. The charge against the petitioner is that the petitioner while conducting the bus had not closed the SR, and two passengers were found without tickets. The Labour Court had considered all the evidence and taken all the factors into consideration and passed a reasoned award directing reinstatement of the petitioner with continuity of service. However, for cogent reasons, the Labour Court has denied back wages. This Court cannot sit in appeal over the award passed by the Labour Court. There is no illegality committed by the Labour Court in denying the back wages to the petitioner. I do not see any reason to interfere with the award passed by the Labour Court. The writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, the Writ Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand dismissed. No order as to costs.

_______________________ ABHINAND KUMAR SHAVILI, J December 05, 2017 KTL