IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF MARCH, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1975 of 2008 Between: The Depot Manager, APSRTC, Giddalur Depot, Giddalur, Prakasam District. ..... Petitioner And The Depot Secretary, APSRTC National Mazdoor Union, Giddalur Depot, reptd., for S.A.Jilani, Conductor and another. .....Respondents Counsel for the petitioner: Sri C.Prakash Reddy. Counsel for the respondents: Sri D.Kasim Saheb for R.1 None for R.2. This Court made the following: ORDER:- At the interlocutory stage this Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. The Depot Manager of Andhra Pradesh State Road Transport Corporation, Giddalur Depot, Prakasam District, (for short “the Corporation”) filed this Writ Petition questioning award dated 15-6-2006 passed in I.D.No.292 of 2001 by the Labour Court, Guntur, respondent No.2 herein. The Depot Secretary, APSRTC National Mazdoor Union, Giddalur Depot, respondent No.1 herein, approached respondent No.2 questioning the action of the petitioner herein imposing punishment of deferment of increment for a period of one year with cumulative effect on Sri S.A.Jilani, Conductor. Respondent No.2 allowed the said industrial dispute by setting aside the said punishment on the sole ground that the same was not preceded by an enquiry. At the hearing Sri C.Prakash Reddy, learned counsel for the petitioner, submitted that even if the order of imposing penalty, which is held to be a major punishment by respondent No.2, is found to be bad for not conducting enquiry, respondent No.2 ought to have converted the said punishment into one without cumulative effect. The learned counsel submitted that the award of respondent No.2 may accordingly be modified. S r i D.Kasim Saheb, learned counsel for respondent No.1 fairly concedes this contention of the learned counsel for the petitioner. In view of the same, award dated 15-6-2006 of respondent No.2 in I.D.No.292 of 2001 is modified. The punishment of deferment of increment for a period of one year with cumulative effect is modified as deferment of one increment without cumulative effect. The Writ Petition is accordingly disposed of. As a sequel to disposal of the Writ Petition, WPMP No.2492 of 2008 and WVMP No.1778 of 2008 are dismissed as infructuous. --------------------------------------- C.V.NAGARJUNA REDDY, J Date: 26.03.2009 MNR