HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI W.V.M.P.NO. 2825 OF 2008 AND WRIT PETITION No. 18691 OF 2007 Thursday, the Twenty Fourth day of June, Two Thousand and Ten Between The Depot Manager, APSRTC, Satyaveedu Depot, Chittoor District Petitioner AND Smt. B. Vijaya and another Respondents THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI W.V.M.P.NO. 2825 OF 2008 AND WRIT PETITION NO. 18691 OF 2007 ORAL ORDER: The award dated 19.10.2006 passed in I.D. No. 260 of 2003 by the second respondent setting aside the order of removal of the husband of the first respondent herein from service and directing the petitioner herein to pay full back wages upto the date of death of the deceased employee i.e. from 9.4.2001 to 21.2.2002 to his widow i.e. the first respondent herein, is under challenge in this writ petition. The deceased employee who is husband of the first respondent herein was appointed as Driver on 30.1.1987. On the report of the Senior Traffic Inspector about his absenteeism, a charge sheet dated 2.1.2001 came to be issued and a domestic enquiry was instituted against him. In culmination of the enquiry, the Enquiry Officer submitted his report dated 5.2.2001 holding the employee guilty of the charges and a show cause notice also came to be issued and ultimately the employee was removed from service by order dated 9.4.2001, which was affirmed by the Appellate Authority and the Reviewing Authority by their order dated 19.6.2001 and 30.11.2001 respectively. While so, the employee died on 21.2.2002. Aggrieved the order of removal as confirmed by superior authorities, the first respondent herein, has raised an Industrial Dispute in ID No.s 260 of 2003, before the second respondent herein, which was allowed setting aside the order of removal dated 9.4.2001 as confirmed by the Divisional Manager and the Regional Manager and directing the petitioner herein to pay full back wages upto the date of death of the employee i.e. 21.2.2002 within one month from the date of publication of the Award including death- cum-retirement benefits, to which the first respondent is entitled to, as per rules. Aggrieved thereby, the present writ petition is filed by the petitioner - A.P.State Road Transport Corporation. The second respondent herein adverting to the averments in the petition filed under Sec. 2-A(2) of the Industrial Disputes Act has concluded that the employee has undergone treatment at RTC Hospital, Tarnaka for jaundice and thereafter resorted to Ayurvedic treatment and since he was not in a position to move from the bed, he sought for extension of leave. This apart, having regard to the statements Exs. M3 and M4, it is held that the deceased driver was not given opportunity to cross- examine the Senior Traffic Inspector. Having gone through the order impugned, I do not find any illegality warranting interference by this court. Consequently, the writ petition fails and is accordingly dismissed and the Vacate Petition is accordingly ordered. No order as to costs. ________________________ Justice T. Meena Kumari June 24, 2010 MAS