THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17128 OF 2001 DATED 29TH NOVEMBER, 2010 BETWEEN B.J.Rao … Petitioner And Industrial Tribunal-cum-Labour Court, Warangal, rep. by its Presiding Officer. And another. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17128 OF 2001 ORDER: The Award dated 13.09.2000 passed by the Industrial Tribunal- cum-Labour Court, Warangal, in I.D.No.49 of 1997 is subjected to challenge by the petitioner therein to the extent it denied him continuity of service, attendant benefits and back wages. The petitioner entered the service of the Andhra Pradesh State Road Transport Corporation (APSRTC) as a Conductor in the year 1993. While he was conducting the bus service on the route Ashwapuram – Bhadrachalam on 26.09.1996, a check was made wherein certain cash and ticket irregularities were detected. The petitioner was subjected to disciplinary proceedings in connection with his failure to issue tickets to seven passengers in spite of collecting the fare and also for failing to observe the rule of ‘issue and start’. After following the due procedure, the APSRTC removed the petitioner from service by proceedings dated 13.11.1996. His appeal and review having met with failure, the petitioner filed the subject I.D. before the Labour Court. The Labour Court, upon examination of the material on record, came to the conclusion that though the petitioner failed to issue tickets to the seven passengers in question, no mala fide intention could be attributed to him in this regard and it was only a case of negligence. Holding that the second charge of failing to observe the rule of ‘issue and start’ was proved, the Labour Court opined that the punishment of removal from service was harsh and disproportionate. It therefore directed his appointment as a fresh recruit by setting aside the order of removal. He was accordingly denied continuity of service, attendant benefits and back wages. The facts on record establish that the seven passengers were not travelling as a group and boarded the bus at Ashwapuram boarding point. There were only twenty six passengers on the bus at the relevant point of time. The petitioner admittedly collected the individual fares from these seven passengers but had not issued the tickets to them at the time of the check. Given the circumstances, the approach of the Labour Court leaning in favour of the petitioner was, in fact, rather lenient. However, the APSRTC did not choose to challenge the Award as regards the relief granted to the petitioner. This Court therefore finds no illegality in the Award under challenge to the extent it denied the petitioner continuity of service, attendant benefits and back wages. The Award does not warrant interference on facts or in law, in so far as the present case is concerned. The Writ Petition is accordingly dismissed. No costs. ____________________ SANJAY KUMAR, J. 29TH NOVEMBER, 2010. VGSR/PGS