Md Munawar Ali, v. The Government Of Andhra Pradesh And 2 Others

THE HON'BLE SRI JUSTI CE ABHI NAND KUMAR SHAVI LI W .P.NO.1 4 6 9 7 OF 2 0 0 5 O R D E R:

Aggrieved by the award dated 29-07-2004 passed by the Labour Court - I, Hyderabad, in I.D.No.219 of 2001, in so far as denying back wages and attendant benefits for the break period, the petitioner - workman of the 2nd respondent - Corporation, filed the present writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent - Corporation.

From the material on record, it could be seen that the petitioner was working as Security Guard in the respondent - Corporation and on the charges of accepting amount from a saree vendor illegally and for abusing another Security Guard by name Faiz Mohemmed; after conducting inquiry, was terminated from service, vide proceedings dated 22-05-2000 and on unsuccessfully availing the departmental appeal, petitioner raised the industrial dispute. By the impugned award, the Labour Court, appreciating the material evidence, accepted the findings of the inquiry officer, but however, modified the punishment of removal from service to that of reinstatement, with continuity of service, but without back wages and attendant benefits for the break period.

This court, having considered the submissions made by the learned counsel for the parties, is of the considered view, that the Labour Court rightly passed the award. Moreover, the learned counsel for the petitioner has not pointed out any illegality or irregularity and in the absence of same,

the impugned award cannot be interfered with, and the writ petition is devoid of merits and the same is accordingly dismissed. Miscellaneous petitions pending, if any, shall stand closed. No costs. -------------------------------------- ABHI NAND KUMAR SHAVI LI ,J DATE: 24-12-2018 gs