Y.Krishna Reddy.Nalgonda. v. Pre.Officer,Honble Labour Courtl.Hydand1

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 20885 of 2002 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.28 of 1998 on the file of the 1st respondent-Labour Court and quash the order dated 22.02.2001 passed therein insofar as not granting back wages and attendant benefits, holding it as illegal and arbitrary. Heard learned counsel for the petitioner and learned standing counsel for the 2nd respondent corporation.

It has been contended by the petitioner that he was appointed as Driver in the respondent corporation in the year 1985. While so, he was issued with a charge sheet dated 24.04.1990 on the ground that he had caused an accident. The said incident was construed as misconduct and after initiating disciplinary proceedings and after conducting regular enquiry, the disciplinary authority removed him from service vide orders dated 27.09.1990. Questioning the same, he unsuccessfully preferred an appeal and thereafter filed I.D.No.28 of 1998 on the file of the 1st respondent-Labour Court. Vide award dated dated 22.02.2001 the Labour Court set aside the orders of removal and directed reinstatement of the petitioner into service with continuity of service, but without back wages and attendant benefits. Challenging the same to the extent of not granting back wages and attendant benefits, the present writ petition is filed.

Learned counsel for the petitioner has contended that the Labour Court while setting aside the orders of removal and directing reinstatement of the petitioner into service with continuity of service, ought to have awarded back wages and attendant benefits. On the other hand, learned standing counsel for the respondent corporation has contended that the disciplinary authority has rightly imposed the punishment of removal of petitioner from service and the Labour Court has also rightly modified the punishment of removal to that of reinstatement of petitioner into service with continuity of service, but without back wages and attendant benefits. Therefore, no interference is called for from this Court.

This Court, having considered the submissions made by the learned counsel for the parties, is of the considered view that the Labour Court has rightly passed the impugned award. Further, no illegality or irregularity has been pointed out in the award passed by the Labour Court, and unless and until grave irregularity is pointed out by the learned counsel for the petitioner, this Court cannot interfere with the impugned award. The writ petition is devoid of merits and the same is liable to be set aside.

Accordingly, the writ petition is dismissed. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. No order as to costs.

______________________________ ABHINAND KUMAR SHAVILI, J 14th December, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No. 20885 of 2002 (dismissed) 14th December, 2018 cbs