THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.15314 OF 2002 DATED 6TH OCTOBER, 2010 BETWEEN Mohd. Naseeruddin … Petitioner And The Labour Court-II, Hyderabad, Rep. by its Presiding Officer, 4th Floor, M.J.Road, Hyderabad. And another … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.15314 OF 2002 ORDER: The petitioner, a Conductor in the service of the Andhra Pradesh State Road Transport Corporation (APSRTC), assails the Award dated 31.01.2000 passed by the Labour Court-II, Hyderabad, in I.D.No.146 of 1996 to the extent that it denied him back wages and imposed upon him the reduced punishment of deferment of annual increments for five years with cumulative effect. The petitioner joined the service of the APSRTC as a Conductor in April, 1978 and his services as such were regularized in the year 1980. He was subjected to disciplinary proceedings under charge sheet dated 24.11.1993. The charge against him was as follows: “For having altered the tray number of Rs.7/- denomination tickets from 090 to 080 and reissued the same tickets in 11 hours down trip from Armoor to Nizamabad while conducting the bus No.A.P.9Z.3837 on route Hyderabad on 30/31-10-1993.” Dissatisfied with his explanation, an enquiry was held in the matter and by order dated 18.06.1994, the APSRTC removed the petitioner from service. His appeal and thereafter, his review met with failure. He thereupon invoked the jurisdiction of the Labour Court under Section 2-A(2) of the Industrial Disputes Act, 1947. The Labour Court, upon consideration of the material on record, came to the conclusion that the petitioner had not re-issued the tickets as alleged. However, the Labour Court was of the opinion that there was sufficient evidence to hold that the petitioner had altered the tray number from ‘090’ to ‘080’ in the S.R. The petitioner’s explanation that he had written the number as ‘090’ by mistake and after tallying the passengers he had rectified the same by correcting it as ‘080’ was not accepted. The Labour Court therefore confirmed the finding on the charge of altering of the figures. However, it held that the punishment of removal from service was shockingly disproportionate to the gravity of the misconduct committed by the petitioner and accordingly modified it by directing his reinstatement in service with continuity of service and other attendant benefits but without back wages and with denial of annual increments for five years with cumulative effect. Aggrieved thereby, the petitioner is before this Court. It is relevant to note that the Labour Court, having found in favour of the petitioner in so far as the latter part of the charge pertaining to re- issue of the tickets is concerned, did not go into the aspect as to why the petitioner would have deliberately altered the numbers in the S.R. The Labour Court itself found that after leaving Armoor, the Rs.7/- denomination tickets could not be issued and therefore the question of re-issuing such tickets did not arise. That being so, there was no motive or logical explanation for the petitioner to deliberately alter the numbers in the S.R. The apparent lack of motive, on the other hand, lends support to his plea that he had committed a mistake. It is no doubt true that holding a responsible fiduciary position in the service of the APSRTC, the petitioner ought to have been more diligent in making necessary entries in the S.R. However, this dereliction of duty on his part does not warrant the extreme punishment of withholding of annual increments for a period of five years with cumulative effect. It is stated that the petitioner, having been reinstated in service pursuant to the Award, retired from service in April, 2006. Given the fact that the petitioner had rendered about 28 years of service in the APSRTC and in the light of my finding that there was no reasonable motive or explanation to account for the charge of deliberately altering the numbers in the S.R., the substituted punishment imposed upon him by the Labour Court is found to be unduly harsh and shockingly disproportionate. The Writ Petition is accordingly disposed of modifying the punishment imposed upon the petitioner to that of withholding of annual increments for a period of five years without cumulative effect. Subject to this modification, the Award under challenge shall stand confirmed in all other respects. As the petitioner has already retired from service, the APSRTC shall give effect to the punishment as modified hereinabove and release the terminal benefits due and payable to him in accordance therewith. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 6TH OCTOBER, 2010. VGSR/PGS