G.P.Ramulu. v. D.M.A.P.State R.Tra.Corpn.And Another.

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 26776 of 2000 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, by the petitioner, seeking a writ of mandamus to declare the award dated 28.08.2000 passed by the Industrial Tribunal-cumLabour court, Godavarikhani, in I.D.No.166 of 1997, as illegal and arbitrary. A consequential direction is also sought to the 1st respondent-Corporation to reinstate the petitioner into service, by setting aside the order of removal from service. Heard Sri P. Ravi Kiran, learned counsel for the petitioner, and Sri A. Ravi Babu, learned standing counsel for 1st respondentCorporation. Briefly, the case of the petitioner is that he was appointed as Conductor in the 1st respondent-Corporation in the year 1979. While so, on 23.01.

1997, while he was discharging duties, a check was conducted by the Zonal Enforcement Squad, Karimnagar, and they found certain irregularities in cash balance and tickets. Basing on the same, a domestic enquiry was conducted and, thereafter, he was removed from service. Aggrieved thereby, he filed I.D.No.166 of 1997 on the file of the Industrial Tribunal-cum-Labour Court, Godavarikhani. The Tribunal dismissed the I.D. by award dated 28.08.

AKS,J WP No. 26776 of 2000 giving an opportunity to put forward the witnesses to be examined. Questioning the same, he filed the present writ petition. It has been contended by the learned counsel for the petitioner that no opportunity was given to the petitioner in the enquiry conducted by the 1st respondent-Corporation, that the Enquiry Officer was not appointed by the competent authority, and that the 1st respondent-Corporation had violated the principles of natural justice. On the other hand, the learned standing counsel for the 1st respondent-Corporation submitted that the Labour Court had rightly dismissed the I.D. and confirmed the orders of removal of the petitioner from service and, therefore, no interference is called for. I have considered the submissions made by the parties.

The record would disclose that the petitioner did not file any material papers before the Court to establish his case as to the denial of principles of natural justice, except to filing a copy of the award passed by the Labour Court. Therefore, I see no merits in the writ petition. Accordingly, the Writ Petition is dismissed. Consequently, miscellaneous petitions if any pending in the writ petition shall also stand dismissed. There shall be no order as to costs.

______________________________ ABHINAND KUMAR SHAVILI, J 6th December, 2017 cbs

AKS,J WP No. 26776 of 2000 HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 26776 of 2000 (dismissed) 6th December, 2017 cbs