The Depot Manager, v. Sri V.Muthyalu,

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE DR JUSTICE SHAMEEM AKTHER Writ Appeal No.157 of 2017 JUDGMENT: (Per the Hon'ble the Acting Chief Justice Ramesh Ranganathan) This appeal, under Clause 15 of the Letters Patent, is preferred against the order passed by the Learned Single Judge in W.P.M.P.No.50703 of 2016 in W.P.No.41162 of 2016 dated 28.11.2016. By the order under appeal the Learned Single Judge, while granting interim stay as prayed for, directed the appellant to deposit backwages, in terms of the award passed by the Labour Court in I.D.No.87 of 2014 dated 10.06.2016 and also to comply with the provisions of Section 17-B of the Industrial Disputes Act, 1947 (for short "the Act"). In so far as the order passed by the Learned Single Judge, directing the appellant to comply with the provisions of Section 17-B of the Act, is concerned, the said direction is only to comply with a statutory requirement which necessitates adherence by the A.P.S.R.T.C. We find no error in the order of the Learned Single Judge in issuing such a direction.

Sri N. Vasudeva Reddy, learned counsel for the appellant, would submit that as the charge of misconduct against the respondentworkman (a driver with the T.S.R.T.C), that he was found in an inebriated state even before he commenced driving the vehicle, was held established, he was imposed the punishment of removal from service; the Labour Court had set aside the order of punishment by the impugned award, and had directed the appellant herein to reinstate the respondent-workman with 50% backwages besides other benefits; and, as the findings of the Labour Court are perverse, implementation of the award ought to have been stayed; and the Learned Single Judge has erred in directing the appellant to deposit the backwages.

It is not as if the A.P.S.R.T.C. cannot be directed at a later date to pay the backwages awarded to the workman if the award passed by the Labour Court is affirmed. The charge of misconduct levelled against the respondent-workman are grave and serious, and necessitates detailed examination. The order under appeal is set aside to the limited extent the Learned Single Judge directed the appellant herein to deposit the backwages.

The Writ Appeal is disposed of accordingly. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (DR. SHAMEEM AKTHER, J) 07th February, 2017 JSU

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE DR JUSTICE SHAMEEM AKTHER Writ Appeal No.157 of 2017 Date: 07.02.2017 JSU