THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.5307 OF 2004 O R D E R Heard both the counsel. 2. Aggrieved by the award dated 18.6.2003 passed by the Industrial Tribunal – cum – Labour Court, Godavarikhani in I.D.No.69/2002 in directing the respondent – the Deport Manager, Andhra Pradesh State Road Transport Corporation, Jgitial Depot, Karimnagar District to reinstate the petitioner, who is a driver, into services, the Corporation filed the present writ petition. 3. The petitioner was appointed as Driver in the petitioner - Corporation and his services were regularized with effect from 17.8.1992. On the ground that he has produced improper driving licence and driving the vehicles of the Corporation without possessing proper valid driving licence, which constitutes misconduct under Regulation 28 of APSRTC Employees (conduct) Regulations, 1963 he was charged sheeted and in the enquiry, though he was served with notice, as he failed to attend the enquiry, it was conducted ex parte and enquiry report was submitted holding the workmen guilty and based on the enquiry report, he was removed from service and after unsuccessfully availing the appeal remedy before the Corporation, the workman raised the industrial dispute and the Tribunal considering the material evidence on record, directed the Corporation to reinstate the petitioner into service and also directed the workman to undergone driving test and further directed the Corporation to keep the petitioner under observation for one year. The Tribunal denied the back wages to the petitioner during the period of his removal and granted only continuity of service. 4. From the material on record, the case of the petitioner is that he has undergone driving test conducted by the Transport Department and received the driving licence No.369/TER/1988 through an RTA Agent. However, on an anonymous complaint, enquiry was conducted and the Assistant Regional Transport Officer, Thana Region informed through letter No.RTO/TMR/MDL/4/99 dated 13.4.999 that the driving licence produced by the petitioner was not issued by their office. During the ex parte enquiry, the person who issues the driving licence in RTO Thana was not examined to prove the letter dated 13.4.1999. Further the petitioner has attended before the RTO Jagtial and passed the driving test and taken the fresh driving licence of A.P.State, Karimnagar District from the ALA, Jagtial, vided.L.No.1609/98, which authorized the petitioner to drive heavy goods vehicles and heavy passenger vehicles. The Corporation has issued circular No.PD-43/2000 dated 11.8.2000 to get the fresh driving licence to the in- service candidates whose driving licences were found non-genuine and the three years driving licence experience has to be computed based on the total service rendered in APSRTC vide circular paragraphs nos.2.2 and 2.9. 5. In the present case, the enquiry of the petitioner was completed on 8.8.2000 and the circular for producing fresh driving licences was issued on 11.8.2000 i.e., three days after the completion of the enquiry. Based on the material evidence on record, the Tribunal found that the service of the petitioner is without any back mark and he has also under gone test and obtained a fresh driving licence. In view of these circumstances and as per the person who issues driving licence at RTA, Thana was not examined to prove the letter dated 13.4.1999 in the ex parte enquiry, the Tribunal in exercising of the jurisdiction under Section 11-A, granted reinstatement and also directed the Corporation to keep the services of the petitioner under observation for a period of one year and further granted continuity of service without back wages. 6. Having regard to the above facts and circumstances, I do not find any justifiable reason to interfere with the discretionary jurisdiction exercised by the Tribunal under Section 11-A of the Act and accordingly the writ petition is dismissed. No costs. AVS ----------------------------- 04—06—2010