The Depot Manager, Apsrtc v. Arushabhattu Lakshmi Narasamma

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 16008 of 2003 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.18 of 2000 on the file of the 2nd respondent-Labour Court and quash the award dated 21.09.2002 passed therein holding it as illegal and arbitrary.

Heard learned standing counsel for the petitioner corporation and learned counsel for the 1st respondent workman. It has been contended by the petitioner corporation that the respondent workman was appointed as Conductor in the corporation on 05.02.1997. While she was discharging her duties on 09.06.1999 the checking officials of the corporation conducted a check and found that she had indulged in cash and ticket irregularities. The said act of the workman was construed as misconduct and after initiating disciplinary proceedings and after conducting regular enquiry, the disciplinary authority and for the proven misconduct, the disciplinary authority had removed her from service. Questioning the same, the respondent workman unsuccessfully preferred an appeal and thereafter raised an industrial dispute in I.D.No.

18 of 2000 on the file of the 2nd 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 21.09.

directing the corporation to reinstate the respondent workman into service with continuity of service and 25% back wages. Aggrieved thereby, the present writ petition is filed.

Learned counsel for the 1st respondent has contended that the Labour Court has rightly passed the award in favour of the 1st respondent and, therefore, no interference is called for. 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 award in favour of the 1st 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 by the learned standing counsel for the petitioner corporation in the award passed by the Labour Court, this Court cannot interfere with the award. There are no merits in the writ petition.

Therefore, 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 8th November, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No.16008 of 2003 (dismissed) 8th November, 2018 cbs