The Depot Manager, Siddipet Depot, v. K.D.Reddy

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.5085 OF 2006 DATED 08th OCTOBER, 2015 Between:

The Depot Manager, Siddipet Depot, APSRTC, Medak District .. Petitioner and K.D. Reddy and another .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5085 OF 2005

O R D E R

The Andhra Pradesh State Road Transport Corporation (APSRTC) filed this writ petition through its Depot Manager at Siddipet Depot, Medak District, assailing the Award dated 13.07.2004 passed by the Labout Court-II, Hyderabad, in I.D.No.71 of 2002. By the said Award, the Labour Court set aside the removal order dated 25.07.2000 and directed the APSRTC to reinstate the first respondent workman in service with full back wages, continuity of service and other attendant benefits. The first respondent workman was a Conductor in the service of the APSRTC. He was regularized in service as such in January, 1993. While

conducting the bus service between Siddipet and Chinna Kodur on 07.01.2000, a check was conducted and certain cash and ticket irregularities were alleged against h i m. Basing thereupon, disciplinary proceedings were initiated and he was ultimately removed from service by order dated 25.07.2000 which was confirmed in appeal and thereafter, in review. He then invoked the jurisdiction of the Labour Court under Section 2-A(2) of the Industrial Disputes Act, 1947. Upon a thorough and detailed examination of the entire case, the Labour Court found that the charges leveled against the petitioner were untenable and that the Checking Officials had, in fact, foisted a false case upon the petitioner.

The cogent and well reasoned Award passed by the Labour Court clearly demonstrates that the petitioner had merely committed a mistake in punching the tickets issued to eight passengers, but he rectified the said mistake immediately. In the light of this rectification along with an endorsement on the tickets that it was a case of wrong punching (w/p), the charges leveled against the petitioner to the effect that he had committed cash and ticket irregularities were clearly not made out. That apart, the enquiry officer seems to have endeavoured to cover up the mistakes committed by the Checking Officials who did not even issue a charge memo to the petitioner at the time of the check. Sri Y.N. Anjaneyacharyulu, learned counsel representing Sri N.

Vasudeva Reddy, learned standing counsel for the Telangana State Road Transport corporation, the successor-in-interest of the APSRTC in the State of Telangana, was unable to demonstrate any error or irregularity committed by the Labour Court in the Award under challenge warranting interference. This Court therefore finds no merit in the writ petition which is accordingly dismissed. Pending miscellaneous petitions shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J 08th OCTOBER, 2015 Svv