HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION No: 16948 of 1999 Dated 3-6-2010 Between: S.M.G.Rao. Petitioner. And: Industrial Tribunal-Cum-Labour Court, represented by its Chairman, Visakhapatnam and another. .....Respondents HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION No: 16948 of 1999 ORDER: This Writ Petition is filed seeking a Certiorari to call for the record relating to award dated 22-4-1998 in I.D.No.298 of 1995 on the file of the Industrial Tribunal-cum-Labour Court, Visakhapatnam and quash the same being arbitrary and illegal. It is not in dispute that the petitioner was appointed as a conductor in A.P.S.R.T.C. On 14.4.1993, the Checking officials found that the petitioner had indulged in cash and ticket irregularities. Pursuant thereto, the petitioner was served with a Charge sheet framing four charges and on enquiry all the charges were found proved. Pursuant thereto, the petitioner was removed from service by order dated 14.4.1993. Aggrieved by the same, the petitioner preferred I.D.No.298 of 1995. However he filed a memo before the Industrial Tribunal stating that he was not contesting the validity of the domestic enquiry. The petitioner had also failed to adduce any evidence either oral or documentary before the Tribunal. However on behalf of the Corporation, Exs.M.1 to M.17 documents were marked. On appreciation of the evidence available on record, the Tribunal below held that the order of removal did not suffer from any illegality. Challenging the said award dated 22.4.1998 this writ petition has been filed. Having heard the learned counsel for the parties and having perused the material available on record, I do not find any justifiable reason to interfere with the impugned award. As noticed above, this is a case where the petitioner himself filed a memo before the Industrial Tribunal stating that he was not contesting the validity of the domestic enquiry. In other words, he conceded that the domestic enquiry was conducted in accordance with the principles of natural justice. It is also not in dispute that the petitioner did not choose to adduce any evidence before the Tribunal below. The law is well-settled that when the domestic enquiry is found to be conducted in accordance with the principles of natural justice and findings are found to be not perverse, in the absence of any fresh evidence, the Industrial Tribunal cannot interfere with the decision of the management that the charge was established. Hence, the Tribunal below had rightly upheld the order of removal passed against the petitioner. However, it was left open to the Corporation to explore the possibility of giving workman fresh appointment. The said award warrants no interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. Accordingly, the Writ Petition is dismissed. No costs. ___________________ G.ROHINI,J Dated: 3-6-2010. Dvs HONOURABLE MS. JUSTICE G.ROHINI ` WRIT PETITION No: 16948 of 1999 Dated 3-6-2010