Yellamilli Jagan Mohan Rao, E.G.District v. Depot Manager, Apsrtc, E.G.District And ANR

THE HON'BLE SRI JUSTI CE ABHI NAND KUMAR SHAVI LI W .P.NO.1 6 5 2 2 OF 2 0 0 4 O R D E R:

Aggrieved by the award dated 31-10-2003 passed by the Industrial Tribunal - cum - Labour Court, Visakhapatnam in I.D.No.13 of 2001 in so far as denying back wages, the petitioner - workman of the respondent - Corporation, filed the present writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent - Corporation.

From the material on record, it could be seen that the petitioner was working as Conductor in the respondent - Corporation and on the charges of cash and ticket irregularities, was terminated from service.

On unsuccessfully availing the departmental remedies of appeal and review, petitioner preferred I.D.. By the impugned award, the Tribunal, appreciating the material evidence, did not agree with the findings of the inquiry officer with regard to guilt of the petitioner. However, the Tribunal found that the petitioner admitted his irregularities.

Considering the facts and circumstances of the case and in exercise of discretionary jurisdiction under Section 11-A of the Industrial Disputes Act, 1947, found that the penalty imposed was shockingly disproportionate and accordingly set aside the order of removal and ordered for reinstatement with continuity of service, but without back wages.

Having considered the rival contentions and the material on record, this court is of the considered view that the Tribunal right passed the award, and moreover the learned counsel for the petitioner has not pointed out any

illegality or irregularity and in the absence of the same, the impugned award cannot be interfered with and the writ petition is accordingly dismissed. Miscellaneous petitions pending, if any, shall stand closed. No costs. --------------------------------------- ABHI NAND KUMAR SHAVI LI ,J DATE: 11-12-2018 gs