The Depot Manager, Apsrtc , Mydukur. v. The Industrial Tribunal-Cum-Labour Court And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 24064 of 2006 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.335 of 2004 on the file of the 1st respondent-Labour Court and quash the award dated 03.05.2006 passed therein holding it as illegal and arbitrary.

Heard learned standing counsel for the petitioner corporation and learned counsel for the 2nd respondent.

It has been contended by the petitioner corporation that the 2nd respondent workman was appointed as Conductor in the corporation. While so, a charge sheet was issued to the 2nd respondent on 06.02.1999 on the ground of unauthorized absence from duty. After initiating disciplinary proceedings and after conducting regular enquiry and for the proven misconduct, the disciplinary authority had removed him from service vide orders dated 04.06.1999. Questioning the same, the 2nd respondent unsuccessfully preferred an appeal and a review and thereafter raised an industrial dispute in I.D.No.335 of 2004 on the file of the 1st respondent-Labour Court under Section 2A(2) of the Industrial Disputes Act. The Labour Court without properly appreciating any of the contentions raised by the corporation, passed an award dated 03.05.2006 setting aside the order of removal and directing the corporation to reinstate the 2nd respondent into

service with continuity of service, attendant benefits and 70% back wages. Aggrieved thereby, the present writ petition is filed. Learned counsel for the 2nd respondent has contended that the Labour Court has rightly passed the award in favour of the 2nd 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 2nd 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. The writ petition is devoid of merits and the same is liable to be dismissed. 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 8th November, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No.24064 of 2006 (dismissed) 8th November, 2018 cbs