THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.24443 of 2002 ORDER: 1 Petitioner was appointed as conductor in Respondent Corporation on 09.02.1977. The allegation against him is that while he was on duty as conductor in bus bearing No.A.P Z 1157 on the route Kurnool to Raichur a check was exercised on 14.05.1991, during the course of which certain irregularities were detected and basing on the alleged irregularities the petitioner was kept under suspension and thereafter a regular charge memo was issued and thereafter an enquiry was conducted. Basing on the report of the enquiry officer, the petitioner was removed from service by the disciplinary authority by an order dated 28.6.1982. As against the said order of removal, the petitioner preferred an appeal, before the appellate authority, which also was dismissed. Hence the petitioner raised a dispute before the Industrial Tribunal-cum- Labour Court at Ananthapur, which was numbered as I.D.No.265 of 1992. The Chairman-cum-Presiding Officer of the Labour Court, by his award dated 14.06.1994 had ordered his reinstatement, but without payment of back wages, attendant benefits and continuity of service. Assailing the said award in so far as not awarding the back wages and other benefits, the petitioner approached this court and filed the present Writ Petition. 2 Heard Sri G. Ravi Mohan counsel for the petitioner and Smt. W.V.S. Rajeswari the learned standing counsel for the respondent Corporation. 3 The charges leveled against the petitioner are six in number and they are as follows: 1. For having failed to issue tickets to 33 individual passengers boarded your bus at Ieej and alighting at Mididoddi ex.stages 17 to 20 inspite of collecting the requisite fare of Rs.1/- each at the boarding point itself, which constitutes misconduct under Reg. 28(vi)(a) of APSRTC Employees (Conduct) Reg. 1963. 2. For having closed the S.R., of all deno. Up to the stage No.20 without completing the above said ticket issues, which constitutes misconduct constitutes misconduct under Reg. 28(xxxii) of APSRTC Employees (Conduct) Reg. 1963. 3. Fro having refused to attest the passengers statements and MTD 43/R and for having tried to torn the SR No.272/27094, which constitutes misconduct under Reg. 28(xxxii) of APSRTC Employees (Conduct) Reg. 1963. 4. For having instigated the passengers against the checking officials (TTIs) are to give statement and also for having tried to manhandle the TTIs, with the instigated passengers which constitutes misconduct under Reg. 28(xxxii) of APSRTC Employees (Conduct) Reg. 1963. 5. For having refused to perform the further duties and dropped down from the bus and went away duly threatening the TTIs which constitutes misconduct under Reg. 28(xxxii) of APSRTC Employees (Conduct) Reg. 1963. 6. For having violated the rule ‘Issue and Start’ which constitutes misconduct under Reg. 28(xxxii) of APSRTC Employees (Conduct) Reg. 1963. 4 From the above charges it appears that there is dereliction of duty which amounts to misconduct and the Labour Court rightly appreciated the evidence in coming to the conclusion that the petitioner is not entitled to back wages, attendant benefits and continuity of service. However, taking a lenient view, the Labour Court ordered his reinstatement. But from that it cannot be said that the petitioner is equally entitled for all the benefits such as back wages, attendant benefits and continuity of service. 5 Accordingly I see no merits and the petitioner deserves no relief in this Writ Petition. However, as the petitioner worked for a period of 5 years prior to his removal from service, and he was out of service from 28.06.1982 to 14.06.1994 and he is in service from 14.06.1994 onwards, the earlier service of five years i.e. from 09.02.1977 to 28.06.1982 also may be taken into consideration for the purpose of retirement or terminal benefits. 6 With the above observations, the Writ Petition is disposed of. No order as to costs. -------------------- 29.07.2009 kvsn