The Depot Manager, A.P.S.R.T.C., v. Mutyala Gopi

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 20619 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.81 of 1998 on the file of the 2nd respondent-Labour Court and quash the award dated 29.10.2002 passed therein holding it as illegal and arbitrary.

Heard learned standing counsel for the petitioner corporation and learned counsel for the 1st respondent.

It has been contended by the petitioner corporation that the 1st respondent workman was appointed as Mechanic in the corporation. While so, a charge sheet was issued to him on 07.07.1995 on the allegation that he was absent from duty unauthorisedly resulting in cancellation of bus services and inconvenience to the traveling public. The said act was construed as misconduct and 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 01.06.1996. Questioning the same, the 1st respondent unsuccessfully preferred an appeal and thereafter raised an industrial dispute in I.D.No.81 of 1998 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 29.10.2002 setting aside the order of removal and directing the

corporation to reinstate the 1st respondent into service with continuity of service and 50% of back wages from the date of removal to the date of reinstatement and without any back wages for the period of absence. 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 12th November, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No.20619 of 2003 (dismissed) 12th November, 2018 cbs