The Depot Manager, Apsrtc, E.G.District. v. Industrial Tribunal-Cum-Labour Court, And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 6688 of 2004 ORDER:

This writ petition is filed seeking to issue a writ of certiorari calling for the records relating to and connected with I.D.No.133 of 2001 on the file of the Labour Court, Visakhapatnam and quash the award dated 31.10.2003 passed therein holding it as illegal and arbitrary. Heard Sri P. Durga Prasad, learned standing counsel for APSRTC appearing on behalf of the petitioner and learned Government Pleader for Labour appearing on behalf of the respondents. It has been contended by the petitioner corporation that the 2nd respondent/workman was appointed as Conductor in the corporation in the year 1987. While so, he was un-authorizedly absent from duties from 20.04.1998 to 24.04.1998 without prior permission or sanctioned leave from the competent authority.

His conduct was construed as misconduct and after initiating disciplinary proceedings and after conducting regular enquiry and for the proven misconduct, the disciplinary authority had imposed punishment of removal on the 2nd respondent vide orders dated 07.08.2000. Challenging the same, the 2nd respondent unsuccessfully preferred an appeal and a review before the competent authorities and, thereafter, raised an industrial dispute in I.D.No.133 of 2001 on the file of the 1st respondent - Labour Court under Section 2-A(2) of the Industrial Disputes Act, 1947.

-2raised by the corporation, passed an award dated 31.10.2003 setting aside the order of removal and directed the corporation to reinstate the 2nd respondent into service with all consequential benefits. 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 his favour 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 when once the Labour Court had exercised the power under Section 11-A of the Industrial Disputes Act, 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 26th December, 2018 ysk

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No.6688 of 2004 26th December, 2018 ysk