HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.1382 OF 2002 Dt.30.9.2010 Between: The Depot Manager, A.P.S.R.T.C. Rayadurg, Anantapur District. ..Petitioner And Industrial Tribunal-cum-Labour Court, Anantapur, rep. by its P.O., and another ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.1382 OF 2002 ORDER: The Depot Manager, APSRTC, Rayadurg, filed this writ petition seeking to set aside the award passed in I.D.No.230 of 1997 on the file of the Industrial Tribunal-cum-Labour Court, Anantapur, dated 26.7.2001. The 2nd respondent while working as Senior Assistant in APSRTC, Rayadurg Depot, was removed from service on the ground that he was absent unauthorisedly from 15.10.1991 to 28.10.1991. Aggrieved by the removal order dated 3.9.1992, he filed departmental appeal, which was dismissed on 4.12.1992. Against which, he raised the dispute in the said I.D.No.230 of 1997 on the file of the 1st respondent. The Tribunal held that the punishment of dismissal for over stay for a period of 12 days on account of unexplainable circumstances is harsh since the circumstance shows that there was no intention on the part of the employee. It is stated that in the instant case the punishment of termination of the 2nd respondent from service is not justified and accordingly modified the punishment of removal from service to that of reinstatement into service with continuity of service and without any back wages. Heard the learned Standing Counsel appearing for the petitioner and the learned counsel appearing for the 2nd respondent. Under Section 11-A of the Industrial Disputes Act, 1947 the Tribunal is empowered and entitled to give appropriate relief in case of discharge or dismissal of the workman. I am of the opinion that the Tribunal rightly felt that the unauthorized absence is not totally without any explanation and in fact as per explanation of the workman he has attended the office on 18.10.1991 and applied leave for one day on 19.10,1991 and thereafter he sent telegram for extension of leave. But, however, the enquiry officer did not consider the explanation and held that he was absent without valid permission from 21.10.1991. I am of the opinion that the 2nd respondent has already suffered punishment without any wages from the date of removal till the date of award of the Tribunal directing for his reinstatement without any back wages, with continuity of service and other attendant benefits. Therefore, I am not inclined to interfere with the said order. The writ petition is without any merit and the same is accordingly dismissed. No order as to costs. _________________ V.ESWARAIAH, J. 30.9.2010 kpr