D. Shanker v. Apsrtc, Repby Regional Manager, And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24021 of 2006 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.56 of 2001 on the file of the 2nd respondent and quash the award dated 17.10.2003 passed therein holding it as illegal and arbitrary. Heard learned counsel for petitioner and the learned standing counsel for APSRTC for respondents.

It has been contended by the petitioner that he was appointed as Conductor on 01.04.1996. While so, he is alleged to have involved in cash and ticket irregularities. The respondents, after conducting enquiry, removed the petitioner from service vide order dated 20.05.2000. Challenging the same, the petitioner raised an industrial dispute in I.D.No.56 of 2001 on the file of the Labour Court, Hyderabad, under Section 2-A(2) of the Industrial Disputes Act. The Labour Court, after hearing both sides, passed an award dated 17.10.2003 setting aside the removal order dated 20.05.2000 and directing the respondents to reinstate the petitioner into service without back wages, but with continuity of service, including notional increments and other attendant benefits. Aggrieved thereby, the present writ petition is filed.

Learned Standing counsel for the respondents has contended that the Labour Court has rightly passed the award and, therefore, no interference is called for. This Court, having considered the submissions made by learned counsel for the parties, is of the considered 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 learned counsel for the petitioner in the award passed by the Labour Court, this Court cannot interfere with the award. There are no merits in the writ petition. Therefore, 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 Date:01-02-2019 Prv