The Depot Manager, Apsrtc, Barkatpura Depot, Hyd. v. Sri K.M.Hussain, Rain Bazar, Hyd And Another,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.22706 of 2005 ORDER :

This writ petition is filed seeking to issue a Writ of Mandamus setting aside the impugned Award dated 27.10.2004 in I.D.No.121 of 2002 passed by the 2nd respondent - Labour Court, holding it as illegal and arbitrary.

Heard learned Standing Counsel for the petitioner - Corporation and Sri Mohd. Ghousuddin, learned counsel for the 1st respondent - Workman.

It has been contended by the petitioner-Corporation that the 1st respondent Workman was appointed as a Temporary Conductor in the petitioner Corporation on 17.11.1999. While so, a charge sheet was issued to the 1st respondent for unauthorized absence to the duties from 18.06.2000 to 21.06.2000. After initiating disciplinary proceedings and after conducting regular enquiry and for the proven misconduct, the disciplinary authority had removed him from service vide orders dated 05.09.2000. Questioning the same, the 1st respondent unsuccessfully preferred an appeal and revision, and thereafter raised an industrial dispute in I.D.No.121 of 2002 on the file of the 2nd 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 27.10.2004 setting aside the order of removal and directing the Corporation to reinstate the 1st

AKS, J W.P.No.22706 of 2005 respondent into service with continuity of service and all other attendant benefits. The Corporation was further directed to pay 50% of back wages to the 1st respondent workman. Aggrieved thereby, the present writ petition is filed.

Learned counsel for the 1st respondent has contended 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 rival submissions of the parties, is of the considered view that the Labour Court has rightly passed the award in favour of the 1st 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.

Accordingly, the writ petition is dismissed. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI 22.01.2019.

Msr

AKS, J W.P.No.22706 of 2005 HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.22706 of 2005 22.01.2019 Msr