The Depot Manager, Apsrtc., Warangal. v. The Presiding Officer, Ind.Tribunal-Cum-Labour Court And Ano

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.765 of 2008 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.135 of 2005 on the file of the 1st respondent-Labour Court and quash the award dated 15.05.2007 passed therein, holding it as illegal and arbitrary.

Heard learned Standing Counsel for the petitioner-Corporation and Sri S.Pradeep Kumar, learned counsel for the 2nd respondent. It has been contended by the petitioner-Corporation that the 2nd respondent-workman was appointed as a Driver in the Corporation. While so, a charge sheet was issued to the 2nd respondent on 28.10.1999 on certain allegations. After initiating disciplinary proceedings and after conducting regular enquiry and for the proven misconduct, the disciplinary authority had imposed the punishment of deferment of annual increment for two years with cumulative effect, vide orders dated 28.12.1999. Questioning the same, the 2nd respondent unsuccessfully preferred an appeal, and thereafter raised an industrial dispute in I.D.No.

135 of 2005 on the file of the 1st 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 15.05.

annual increment for two years without cumulative effect. 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 favour of the 2nd respondent and, therefore, no interference is called for. This Court, having considered the rival submissions of the parties, is of the considered view that the Labour Court has rightly passed the award in favour of the 2nd 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 in the award passed by the Labour Court, this Court cannot interfere with the award. There are no merits in the writ petition and the same is liable to be dismissed.

Therefore, the writ petition is dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 13th December 2018 ajr