IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 735 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/09/2008 in WP NO : 13718 OF 2006 on the file of the High Court.) Between: Tirumala Tirupathi Devasthanams,rep.by its Executive Officer, Tirupati, Chittoor District. ..... APPELLANT AND 1 The Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Ananatapur 2 Sri.P.Ethirajulu (died) as per LRs S/o.late Venkataswami R/o.Door No.272, Gandhi Road Tirupati, Chittoor District 3 P. Kowsalya W/o. late Ethirajulu D.No.272, Gandhi Road, Tirupathi, Chittoor District 4 P. Muni Bhaskar S/o. late Ethirajulu D.No.272, Gandhi Road, Tirupathi, Chittoor District 5 P. Muni Kumar S/o. late Ethirajulu D.No.272, Gandhi Road, Tirupathi, Chittoor District 6 P. Haritha D/o. late Ethirajulu D.No.272, Gandhi Road, Tirupathi, Chittoor District .....RESPONDENTS Counsel for the Appellant:MR.A.K.JAYAPRAKASH RAO Counsel for the Respondent No.1: GP FOR LABOUR Counsel for the Respondent Nos. 2 to 6: Sri P. Chandramouli The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No:735 of 2009 ORAL JUDGMENT: (Per Hon’ble Sri Justice Sanjay Kumar) The Tirumala Tirupathi Devasthanams, is in appeal aggrieved by the order of a learned single Judge dated 9.9.2008 dismissing Writ Petition No. 13718 of 2006 thereby confirming the Award of the Industrial Tribunal-cum- Labour Court, Anantapur dated 8.12.2005 in I.D. No. 4 of 2001. The deceased-2nd Respondent in the Writ Appeal was an employee of the Tirumala Tirupathi Devasthanams and was subjected to disciplinary proceedings with regard to the alleged theft committed by him in the parakamani on 30.10.1994. The Tirumala Tirupathi Devasthanams, after conducting a detailed enquiry, dismissed the 2nd Respondent-Workman from service. Aggrieved thereby, the 2nd Respondent approached the Labour Court by way of the subject I.D. The Labour Court taking into account the fact that the 2nd Respondent had worked for twenty eight long years in the service of the Tirumala Tirupathi Devasthanam, held that the 2nd Respondent ought not to have been visited with the punishment of dismissal from service and accordingly modified the punishment to that of compulsory retirement, so as to enable him to get retiral benefits. The learned single Judge confirmed the said award taking into account the fact that no other mis-conduct had been attributed to the 2nd Respondent during his long service of 28 years. It is also to be noticed that the 2nd Respondent died during the pendency of the Writ Petition and his legal representatives have been brought on record as Respondents 3 to 6. Sri A.K. Jaya Prakash Rao, learned Standing Counsel for the Tirumala Tirupathi Devasthanams contended that the evidence adduced before the Labour Court clearly indicates that the 2nd Respondent was guilty as charged, and, therefore, the punishment imposed upon him by the Tirumala Tirupathi Devasthanams, ought not to have been interfered with. However, having given our earnest consideration to the matter, we are of the opinion that the Labour Court has the power under Section 11-A of the Industrial Disputes Act, 1947 (for short ‘the Act’) to modify the punishment taking into account the facts of the case and the proportionality of the punishment imposed. The learned single Judge rightly confirmed the said Award, modifying the punishment of dismissal from service to that of compulsory retirement. We, therefore do not find any merit in the Writ Appeal and the same is accordingly dismissed. The retirement benefits payable to the Respondents 3 to 6 shall be paid by the Appellant-Tirumala Tirupathi Devasthanams, within a period of two months from the date of receipt of a copy of this order. No costs. ___________________ T.MEENA KUMARI,J Date: 17th June, 2009 _________________ SANJAY KUMAR,J pnb