THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 2579 of 2002 ORDER: The petitioner has impugned the award in I.D.No.27 of 1996 dated 22.10.1998 passed by the Industrial Tribunal-cum-Labour Court, Ananthapur vide which the respondent-Corporation was directed to appoint the petitioner as conductor afresh on old security amount. The service rendered by the petitioner for a period of more than seven years was not considered by the Tribunal. Briefly the facts of the case are that the petitioner was appointed as conductor during the year 1986 in the first respondent-Corporation. On 20.11.1993 while he was officiating as conductor in service bus bearing No.4927 on Tiruchanur to Tirupathi route, the TTIs belonging to the first respondent-Corporation conducted a surprise check in the said bus and opined that there were certain cash and ticket irregularities. The first respondent issued charge memo dated 20.11.1993. The petitioner was suspended from service and an enquiry was conducted, in which he was found to have collected Rs.2/- towards requisite fare from two passengers and had issued unpunched tickets to them. During the enquiry, the petitioner was ordered to be removed. The said removal order was challenged by the petitioner before the Tribunal. The Tribunal found that although the petitioner had collected an amount of Rs.2/- from two passengers but had committed an irregularity of not punching the tickets and hence, ordered that the petitioner be given fresh appointment as conductor thereby ignoring the seven years service rendered by him. Learned counsel for the petitioner submits that there was no cash irregularity on the part of the petitioner while issuing tickets. He had collected an amount of Rs.2/- from two passengers but had failed to punch the same and hence, the Tribunal gravely erred in ordering fresh appointment to the petitioner whereas for such a minor lapse on the part of the petitioner, he ought to have been reinstated with continuity of service. After hearing the learned counsel for the petitioner and going through the award passed by the Tribunal, I am of the considered opinion that there was no financial irregularity committed by the petitioner. He had taken an amount of Rs.1/- each from two passengers but did not punch the tickets. No loss was caused to the Corporation nor there was any misappropriation on the part of the petitioner. Hence, the award of the Tribunal ordering fresh appointment of the petitioner cannot be sustained. Accordingly, the writ petition is allowed and the award of Tribunal is modified to the extent that the petitioner shall be taken back in service from the date he joined the Corporation with continuity of service. The petitioner shall however not be entitled to any back wages from the date of his removal till the date of his reinstatement or any other attendant benefits. There shall be no order as to costs. ____________________________ JUSTICE ASHUTOSH MOHUNTA Dt. 20.10.2011 lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 2579 of 2002 Dt. 20.10.2011