THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.35679 of 1998 ORAL ORDER: This writ petition is filed challenging the award passed in I.D.No.202 of 1992 dated 5.5.1993 on the file of the Labour Court-II, Hyderabad insofar as denying backwages and imposing stoppage of three annual increments with cumulative effect as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India. It appears, petitioner while working as Conductor in the second respondent-Depot was proceeded with departmentally for certain misconduct of involving in cash and ticket irregularities while conducting the Bus on 30.4.1987 on the route Nizamabad to Adilabad. After conducting a detailed enquiry into the charges, petitioner was removed from service. Aggrieved by the same, he raised a dispute under Section 2-A(2) of the Industrial Disputes Act, 1947 before the Labour Court-II, Hyderabad. The Labour Court after considering the entire material placed before it, came to the conclusion that the charges framed against the petitioner were proved. The first charge was that petitioner issued tickets worth Rs.15-50 to two passengers having collected Rs.17-50 from each of them. The passengers in their spot statement under Ex.M.2 stated that they have paid fare of Rs.17-50 ps. at the boarding point itself, but the Conductor issued tickets of Rs.15-50 ps. denomination. In the spot explanation, petitioner stated that previously fare for the same distance was Rs.15-50 ps. and thinking that the fare is same, he issued tickets of Rs.15-50 ps. denomination. Subsequently, petitioner changed his version and stated that it was a mistake. This itself would show that the petitioner intentionally issued tickets worth Rs.15-50 ps. to two passengers having collected Rs.17-50 from each of them and committed fraud of Rs.4/-. The Labour Court rightly held that the said charge was proved. The other charges, of course, are outcome of the first charge, therefore, they also stand proved. However, in the facts and circumstances of the case, the Labour Court, while exercising powers under Section 11-A of the Industrial Disputes Act, 1947, felt that removal from service is disproportionate to that of the misconduct alleged and therefore, while setting aside the removal order, directed for reinstatement of the petitioner into service and further directed the respondents to impose stoppage of three annual increments with cumulative effect. I am of the opinion that the Labour Court has not committed any error in coming to such conclusion. The charge is very grave and the misconduct was intentional and pre-meditated. The Labour Court itself awarded relief of reinstatement of continuity of service, but without any backwages and further directed to impose postponement of three annual grade increments. I am not inclined to interfere with such an award passed by the Labour Court. The writ petition is devoid of merits and liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. _____________ C.V.RAMULU, J Date: 30.1.2008 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.35679 of 1998 30.1.2008 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.35679 of 1998 Date: 30th January, 2008 Between: Hanmandlu .. Petitioner And The Presiding Officer, Labour Court-II, IV Floor, Chandravihar Building, Nampally, Hyderabad & another. .. Respondents