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

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.25435 of 2003 ORDER:

This writ petition is filed seeking to issue a writ of Certiorari calling for the records in I.D.No.213 of 1999 on the file of the Labour Court, Guntur and quash the award dated 25.7.2001 passed therein (published vide G.O.Rt.No.75, LET&F (Lab.I) Department, dated 10.1.2002) as illegal and arbitrary and consequently to direct the respondents to grant all benefits and back wages with arrears. Heard Sri P.Goivnida Rajulu, learned counsel for the petitioner and Sri P.Durga Prasad, learned standing counsel for the respondent Corporation.

It has been contended by the petitioner that he was initially appointed as Conductor during the year 1986. On 1.3.1998, while he was conducting bus bearing No.AP9Z 1441, the checking officials of the respondent Corporation have conducted a surprise check and found that the petitioner had indulged in cash and ticket irregularities and the said act of the petitioner was construed as misconduct. After conducting a detailed enquiry, punishment of removal from service was imposed on the petitioner. Aggrieved by the order of removal, the petitioner had preferred an appeal and thereafter filed I.D.No.213 of 1999 under Section 2-A (2) of the Industrial Disputes Act. The Labour Court, after considering the entire case, partly allowed the I.D. preferred by the petitioner and set aside the removal order and further directed to reinstate the

petitioner into service with continuity of service, however, without back wages. Challenging the same, the present writ petition is filed. Learned counsel appearing for the petitioner had contended that when the Labour Court had exercised its power under Section 11(a) of the Industrial Disputes Act, the Labour Court ought to have granted back wages.

Learned standing counsel appearing for the respondent Corporation had contended that the Labour Court had rightly passed the order rejecting back wages to the petitioner. This Court having considered the submissions made by the parties is of the considered view that until some grave irregularity is pointed out in the orders passed by the Labour Court, this Court is not inclined to interfere with the orders passed by the Labour Court. Accordingly, the Writ Petition is dismissed.

Miscellaneous petitions pending, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 17/ 09/ 2018 lkv