The Depot Manager, v. N. Venkateshwarlu And Another,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.8369 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.48 of 2003 on the file of the 2nd respondent and quash the Award dated 28.10.2003 passed therein holding it as illegal and arbitrary. Heard Sri K.Srinivas Rao, learned Standing Counsel appearing for the petitioner-Corporation, and learned Government Pleader for Labour appearing on behalf of the 2nd respondent. It is the case of the petitioner-Corporation that the 1st respondent-workman was appointed as Conductor in the Corporation and was discharging his duties such. While so, on 1405-1999, a check was exercised by the checking officials and they found that the petitioner had indulged in cash and ticket irregularities.

His conduct was construed as misconduct and after initiating disciplinary proceedings and after conducting regular enquiry and for the proven misconduct, the disciplinary authority had imposed punishment of removal on the 1st respondentworkman vide order dated 06.11.1999. Thereafter, the 1st respondent-workman filed I.D.No.48 of 2003 before the 2nd respondent-Industrial Tribunal-cum-Labour Court,Godavarikhani, under Section 2-A (2) of the Industrial Disputes Act, 1947.

28.10.2003 directing the Corporation to reinstate the 1st respondentworkman into service and treated the period from the date of removal to the date of rejoining as 'not on duty'. Aggrieved thereby, the present writ petition is filed.

Learned Government Pleader appearing for the 2nd respondent contends 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 view that when once the Labour Court had exercised the power under Section 11-A of the Industrial Disputes Act, unless and until any illegality or irregularity is pointed out by the petitioner-Corporation in the Award passed by the Labour Court, this Court cannot interfere with the same. There are no merits in the writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI 24th December, 2018 rkk