Depot Manager, Apsrtc, Visakhapatnam v. G.Malleswar Rao, Visakhapatnam And ANR

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 14024 of 2004 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.101 of 2001 on the file of the 2nd respondent-Labour Court and quash the award dated 27.02.2004 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 Security Guard in the corporation. While so, a charge sheet was issued to him on the allegations that he assaulted another Security Guard by name Mr.M.J. Rao, he was absent from duty unauthorisedly, and he failed to follow the procedure and slept in the staff rest room, instead of performing patrolling duty on 12.11.1999.

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 19.07.2000. Questioning the same, the 1st respondent raised an industrial dispute in I.D.No.101 of 2001 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 27.02.2004 setting aside the order of removal and

directing the corporation to reinstate the 1st respondent into service with continuity of service, but without back wages. 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 28th December, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No.14024 of 2004 (dismissed) 28th December, 2018 cbs