IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 13195 of 1999 Between: Depot Manager, A.P.S.R.T.C. ., Bhadrachalam depot, Khammam Dist.., ..... PETITIONER AND 1 Y.P.Rao ,E.84100, Driver, A.P.S.R.T.C., Bhadrachalam Depot C/o Mrs. Satwath Rana, Advocate, H.No. 6-4-102, Brahminwada, Hanamkonda -- 506 001. 2 Labour Court, Rep. by its Presiding Officer, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue any appropriate writ, direction or order particularly a writ in the nature of writ of certiorari calling for the records pertaining to the award in ID No 35/95 of the Indl-Tribunal-cum-Labour court, Warangal dated 23.7.1998 and published on 21.9.1998 and quash the same as being illegal, arbitrary and unjust and pass all such other orders as may be deemed just and necessary in the circumstances of the case. Counsel for the Petitioner: SMT.G.JYOTHI KIRAN Counsel for the Respondent No.1: None Counsel for the Respondent No.2: GP FOR LABOUR The Court made the following : ORDER This writ petition is filed challenging the award made in I.D.No.35 of 1995 on the file of the Industrial Tribunal-cum-Labour Court, Warangal dated 23.7.1998. Petitioner is the Management and 1st respondent is the workman. It appears that while the first respondent was conducting the bus bearing No.AAZ.4582, on the route Bhadrachalam to Rajahmundry, at Banjar Village on sighting the buffalos, the petitioner slowed down the bus and blowed horn. In the meanwhile, a boy who was aged 12 years taking the buffalos aside, came across the road, touched the bus and fell down on the road and sustained head injury, in spite of applying sudden brakes. Basing on the report of the STI, Bhadrachalam, respondent-workman was issued with a charge sheet enumerating the following charges: 1.For your lack of anticipation while driving the bus No.AAZ.4582 on 2.1.1984, which has resulted in accident and death of a boy, which amounts to misconduct under Reg.28 (XXXi) & (XXXii) of APSRTC, Employees (Conduct) Reg.1963. 2.For your neglect of duty in reducing the speed of the vehicle while driving in village limits, in violation of the circular instructions which amounts to misconduct under Regulations.28 (XXXi) & (XXXii) of APSRTC, Employees (Conduct) Regulations, 1963”. After submitting the explanation by the first respondent, he was imposed with a punishment of stoppage of two annual increments with cumulative effect, but no detailed enquiry was conducted into the same. Challenging the same, the respondent- workman raised an industrial dispute and the same was referred to the Industrial Tribunal-cum-Labour Court, Warangal for adjudication of the following issue: “Whether the Depot Manager, APSRTC, Bhadrachalam is justified in imposing the punishment of annual increment of Sri Y.P.Rao, E-84100, Driver for a period of two years with cumulative effect vide Procs.No.91/2(1)/84 BCM dt.28.6.84? If not, what relief is the workman entitled to?” After a detailed consideration of the entire material placed before it, the labour Court came to the conclusion that the petitioner-Management without conducting a detailed enquiry imposed punishment of stoppage of two annual increments without cumulative effect. Apart from that there is no negligence on the part of the respondent-workman. Since the boy had suddenly crossed the road and hit the bus and as such, set aside the impugned order of punishment of stoppage of two annual increments and directed the petitioner-Management to restore the same and also pay the arrears out of it, including other attendant benefits. Aggrieved by the same, the petitioner-Management filed this present writ petition. There is no necessity to go into all the details. It is an admitted fact that while imposing punishment of stoppage of two increments, which is a major punishment, no enquiry as required under law was conducted. It is well settled principle of law that stoppage of increments with cumulative effect is a major punishment and such punishment cannot be imposed without conducting a detailed enquiry into the matter. Apart from that the labour Court has given reasons while setting aside the order of punishment. Under those circumstances, I am of the opinion that the labour Court has not committed any error calling for interference of this Court under Article 226 of the Constitution of India. Writ petition is devoid of merits and is liable to be dismissed. Writ petition is, accordingly, dismissed. No costs. __________ 28-03-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Y.P.Rao ,E.84100, Driver, A.P.S.R.T.C., Bhadrachalam Depot C/o Mrs. Satwath Rana, Advocate, H.No. 6-4-102, Brahminwada, Hanamkonda -- 506 001. 2 Labour Court, Rep. by its Presiding Officer, Hyderabad. 3.2CD copies