IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 1475 of 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/02/2005 in WP NO : 18401 OF 2001 on the file of the High Court.) Between: The Depot Manager, APSRTC, Tandur, Ranga Reddy District. ..... APPELLANT AND 1 P. Narsimha Reddy, S/o. P. Narayan Reddy, R/o. 2-1-67/1/A/1, Siapur road, Tandur, R.R.District. 2 The Industrial Tribunal-II, rep. by its Presiding Officer, Chandravihar Bldgs, 2nd Floor, M.J. Road, Hyderabad-I. .....RESPONDENT(S) Counsel for the Appellant: MR.K.MADHAVA REDDY Counsel for the Respondent No.: MR.A.K.JAYAPRAKASH RAO The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR W.A.No.1475 of 2005 JUDGMENT: (Per Ghulam Mohammed, J) At the request of both the learned counsel, the writ appeal is being disposed of at the stage of interlocutory itself 2. This writ appeal is directed against the order dated 25.2.2005 in writ petition No.18401 of 2001, wherein the learned single Judge allowed the writ petition setting aside the award dated 20.06.2001 in I.D.No.192 of 2000 on the file of the Industrial Tribunal-II, Hyderabad, as well as the removal order dated 28.04.1998 and held that the workman is entitled to be reinstated into service with all back wages and all other benefits to which he is entitled under law. 3. The workman-respondent No.1 was appointed as a Conductor in the appellant corporation on 6.4.1991 and he was issued a charge sheet dated 27.1.1998 framing the following two charges: (i) for having failed to give full and correct information regarding his previous appointment and subsequent removal from service as a Conductor in APSRTC which constitutes misconduct under Regulation 28 (xxii), (xxxi) and (xxxii) of APSRTC Employees Conduct Regulations, 1963 . (ii) for having obtained appointment in Medak division and Ranga Reddy division, duly producing two residential certificates one belonging to Medak district and another Ranga Reddy district which constitutes misconduct under Regulation 28 (xxii) of APSRTC Employees (Conduct) Regulations,1963. 4. The workman had given a detailed explanation to the charge sheet. Not satisfied with the explanation given by the workman, an enquiry was conducted and on the basis of the enquiry report, the workman was removed from service by an order, dated 28.04.1998. Thereupon, the workman sought reference under Section 2-A(2) of the Industrial Disputes Act (for short ‘the I.D. Act”) before the Industrial Tribunal-II, Hyderabad. Before the Tribunal neither side let in any evidence. The Tribunal after holding an enquiry, passed an award dated 20-06-2001 holding that it is not a fit case to interfere with the punishment as the same is neither disproportionate nor there is any acceptable explanation for the charges. Challenging the award, the workman filed writ petition No.18401 of 2001 and the same was allowed by this court as referred above. Aggrieved by the order dated 25.2.2005 passed in writ petition No.18401 of 2001, the corporation has filed the present writ appeal. 5. The learned counsel for the appellant contends that the workman-respondent No.1 suppressed the fact of his previous appointment and subsequent removal from service and obtained fresh appointment in the corporation which is contrary to the Regulation 28 (xxii), (xxxi) and (xxxii) of APSRTC Employees Conduct Regulations, 1963 (for short “the Regulations”). The learned counsel also contends that disciplinary authority has conducted an enquiry and on the basis of the enquiry report, the workman was removed from the service. It was further contended that the learned judge ought not to have set-aside the award and the removal order, when the workman concealed the facts of his previous appointment and removal from service. 6. The learned counsel for the respondent No.1-workman submits that neither the Regulation 28 of the Regulations specifies disclosure of previous employment nor was there any specific column in the form for furnishing the details of the previous employment and as such the workman is not liable for any punishment. The learned counsel further submits that non disclosure of previous appointment and removal thereof is not fatal to the case of the workman, since the removal order does not preclude him from seeking fresh appointment elsewhere, even in the same corporation. 7. Heard the learned counsel on either side and perused the record. It is to be seen that neither there is any specific column provided in the form regarding previous information nor is there any regulation with regard to disclosure of previous employment. Further, no superior officer has asked the workman at any point of time with regard to his previous employment. In this writ appeal, interim stay of payment of backwages was granted on condition of appellant depositing 1/3rd of the backwages and there is no stay with regard to reinstatement of the workman in to service. Nonetheless the workman was not reinstated into service in the absence of stay by this court during the pendency of this appeal. It is strange to notice that the Tribunal has passed a nil award, which is unknown to the Labour Laws. The learned Judge after taking into consideration the facts and circumstances, has rightly set- aside the award dated 20.6.2001 and also the removal order dated 28.04.1998. 8. Taking into account the overall circumstances, to meet the ends of justice, we deem it appropriate to confine the backwages from the date of removal from service till the date of passing of the order in writ petition No.18401 of 2001, as 1/3rd only. Thereafter, the workman is entitled to full backwages and he shall be reinstated into service forthwith. 9. The writ appeal, is accordingly, disposed of. No order as to costs. _____________________ GHULAM MOHAMMED,J _____________________ VILAS V. AFZULPURKAR,J 20-07-2009 Stp ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {JGK}