Vc And Md,Apsrtc,Hyd And Another v. K.Ramakrishna And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 11943 of 2002 ORDER:

This Writ Petition is filed by the Andhra Pradesh Road Transport Corporation challenging the Award dated 29.11.2001 passed in I.D.No.73 of 2001 wherein the Industrial Tribunal-cumLabour Court, Visakhapatnam passed award in favour of the 1st respondent by setting aside the order of removal dated 21..2.2000 and directing the petitioner-Corporation to reinstate the 1st respondent into service with continuity of service but without back wages. 2.

Heard Sri K. Harinath, standing counsel for the petitionerCorporation and Sri Badana Bhaskara Rao, counsel for the 1st respondent.

3.

It is contended by the petitioner that the 1st respondent, who was working as a Conductor in the petitioner-Corporation, had indulged in grave irregularity by submitting fake warrants, which were not issued by the police department as per the letter of the Additional Director General of Police, CBCID, Hyderabad. After conducting detailed enquiry, the 1st respondent was removed from service. Challenging the order of removal, the 1st respondent has filed I.D.No.73 of 2001 on the file of the Industrial Tribunal-cum-Labour Court, Visakhpatnam, and the Labour Court passed award dated 29.11.2001 in favour of the 1st respondent by setting aside the order of removal and directing the petitioner-Corporation to reinstate the 1st

respondent into service with continuity of service, however, without back wages. Questioning the award of the Labour Court, the present writ petition is filed.

4.

Learned counsel for the petitioner-Corporation has submitted that during the pendency of this writ petition, the 1st respondent was reinstated into service and now the issue is in respect of continuity of service.

5.

Learned counsel Sri B. Bhaskara Rao appearing for the 1st respondent has contended that no role has been played by the 1st respondent in respect of submitting fake warrants and there was no material to demonstrate that the 1st respondent was instrumental in submitting fake warrants and the Labour Court has rightly passed the award in his favour. Therefore, no interference is called for. 6.

As can be seen from the award passed by the Industrial Tribunal-cum-Labour Court, it has come to the rescue of the 1st respondent on the ground of proportionality and interfered with the punishment of removal.

7.

This Court having considered the submissions made by both the parties is of the considered view that while exercising the powers under section 11(A) of the I.D. Act, the Labour Court had interfered with the punishment of removal on the ground of proportionality and rightly rejected the back wages to the 1st respondent, but, however, in respect of continuity of service, the Labour Court has passed order

rightly in favour of the 1st respondent. Until and unless some grave irregularity is pointed out in the award passed by the Labour Court, this Court cannot interfere with the finding of the Labour Court. In view of the above, there are no merits in the writ petition. 8.

Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

Consequently, miscellaneous petitions if any pending in the writ petition shall stand closed. There shall be no order as to costs. ______________________________ ABHINAND KUMAR SHAVILI, J 27th July, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 11943 of 2002 (dismissed) 27th July, 2018 cbs