P. Subramanyam, v. Addl. Industrial Tribunal-Cum-Addl. Labour Court,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 20433 of 2002 ORDER:

This writ petition is filed seeking to issue a writ of certiorari calling for the record relating to and connected with I.D.No.344 of 1999 on the file of the 1st respondent-Labour Court and quash the order dated 26.09.2001 passed therein insofar as not granting back wages and attendant benefits, holding it as illegal and arbitrary. Heard learned counsel for the petitioner and learned standing counsel for the 2nd respondent corporation.

It has been contended by the petitioner that he was appointed as Conductor in the respondent corporation in the year 1994 and his services were regularized in the year 1996. While he was discharging his duties on 04.10.1998 the checking officials of the respondent corporation conducted a check and found that he had indulged in cash and ticket irregularities. His conduct was construed as misconduct and after initiating disciplinary proceedings and after conducting regular enquiry, the disciplinary authority removed him from service vide orders dated 20.01.1999. Questioning the same, after exhausting the departmental remedies, he filed I.D.No.344 of 1999 on the file of the 1st respondent-Labour Court. The Labour Court allowed the petition in part setting aside the order of removal and directing the respondent corporation to reinstate him into service with continuity of

service, but without back wages and attendant benefits. Challenging the same, the present writ petition is filed. Learned counsel for the petitioner has contended that the Labour Court has not properly appreciated the contentions raised by the petitioner and that while setting aside the orders of removal it ought to have awarded back wages and attendant benefits. On the other hand, learned standing counsel for the respondent corporation has contended that the disciplinary authority has rightly imposed the punishment of removal of petitioner from service and the Labour Court has also rightly modified the punishment of removal to that of reinstatement of petitioner into service with continuity of service, but without back wages and attendant benefits. Therefore, no interference is called for from this Court.

This Court, having considered the submissions made by the learned counsel for the parties, is of the considered view that the Labour Court has rightly passed the impugned order. Further, no illegality or irregularity has been pointed out in the orders passed by the Labour Court, and unless and until grave irregularity is pointed out by the learned counsel for the petitioner, this Court cannot interfere with the impugned award. The writ petition is devoid of merits and the same is liable to be set aside.

Accordingly, the writ petition is dismissed. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. No order as to costs.

______________________________ ABHINAND KUMAR SHAVILI, J 12th December, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No. 20433 of 2005 (dismissed) 12th December, 2018 cbs