B.Sudhakar v. The Reg.Manager, And ANR

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 10613 OF 2004 ORDER :

This Writ Petition is filed seeking to issue a Writ of Certiorari to call for the records and connected orders made in I.D.No.629 of 2000, dated 30.1.2003, passed by the Labour Court and quash the same in so far as denying the continuity of service, back wages and other consequential benefits as illegal, arbitrary and a consequential direction is also sought to pay back wages continuity of service and other attendant benefits. 2.

Heard Mr.V.Narsimha Goud, Counsel for the petitioner and the N.Vasudeva Reddy, Standing Counsel for the respondents-Corporation. 3.

It has been contended by the petitioner that he was initially appointed as Conductor on 1.12.1978 and while he was discharging his duties, on account of disciplinary measure, he was removed from service for indulging in irregularities in issue of tickets. The petitioner preferred appeal and review unsuccessfully and thereafter filed ID No.629 of 2000, challenging the orders of removal under Section 2.A(2) of Industrial Disputes Act before the Industrial Tribunal and the Industrial Tribunal allowed the ID in part directing the respondents to reinstate the petitioner without back wages, continuity of service and attendant benefits. Challenging the same, the present Writ Petition is filed.

4.

The Counsel for the petitioner further submits that the respondents ought to have exercised its powers under Section 11-A of Industrial Disputes Act and ought to have directed the respondents to pay full back wages, continuity of service and other attendant benefits.

5.

The Standing Counsel for the respondents-Corporation submits that the Labour Court has rightly passed orders and contends that no grave irregularities or illegalities have been pointed out by the petitioner in the orders passed by the Labour Court and there are no merits in the Writ Petition and the Writ Petition is liable to be dismissed. 6.

This Court, having considered the rival submissions made by both the parties, is of the considered view that the Labour Court has rightly passed orders and denied back wages and other attendant benefits. Further the petitioner could not point out any grave irregularities or illegalities in the orders passed by the Industrial Tribunal. There are no merits in the Writ Petition and the Writ Petition is accordingly dismissed. 7.

The Miscellaneous Petitions pending, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 30th November, 2018 GS