IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 23941 of 2001 Between: B.Kumar, S/o. Sailu, R/o. 1-29, Koheda (P), Hayathnagar Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Hon'ble industrial Tribunal - II, Rep. by its Presiding Officer, Hyderabad. 2 The Depot Manager, A.P.S.R.T.C., Hayathnagar Depot, Ranga Reddy District. .....RESPONDENTS 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 Writ order or direction more particularly one in the nature of Writ of Certiorari and after calling for the records in I.D.No.276/2000 dt. 4.9.2001 on the file of the Hon'ble 1st respondent in so far not granting any relief to the petitioner is illegal arbitrary and unjust, and consequently quash the award by granting reinstatement with continuity of service for all purposes, back wages and attendant benefits, and pass such order or orders as this Hon’ble Court may deem fit and proper under the circumstances of the case. Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondent No1.: MR.K.MADHAVA REDDY Counsel for the Respondent N0.2: GP FOR LABOUR The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.23941 OF 2001 ORDER: 1 The petitioner seeks quashing of the award dated 04.09.2001 passed in I.D.No.276 of 2000 on the file of the 1st respondent-Industrial Tribunal-II, Hyderabd, and to grant reinstatement with continuity of service for all purposes, back wages and attendant benefits. 2 The petitioner is stated to be a Conductor in the 2nd respondent depot and he was charge sheeted for certain irregularities alleged to have been committed by him while issuing tickets to the passengers. It is stated that a domestic enquiry was conducted and the petitioner was found guilty of the charges leveled against him and accordingly he was removed from service by order dated 28.08.1997, which was confirmed by the revisional as well as the appellate authorities. Aggrieved by the same, the petitioner approached the 1st respondent-Industrial Tribunal by filing I.D.No.276 of 2000. The 1st respondent- Industrial Tribunal on a consideration of the entire material available on record, passed an award dated 04.09.2001 without granting any relief to the petitioner. Aggrieved by the same, the present writ petition is filed. 3 Heard both sides. 4 A perusal of the award under challenge clearly reveals that the petitioner misappropriated an amount of Rs.15/-. Though the award under challenge does not require any interference, but in view of the fact that the petitioner had put in 11 years of long service and the amount of misappropriation is only Rs.15/- and further the petitioner as on date is aged about 48 years, this Court is of the view that a lenient may be taken. 5 In that view of the matter, the writ petition is disposed of with a direction to the respondent corporation to reinstate the petitioner as conductor afresh and his service shall be counted for all purposes from the date of his fresh appointment. No order as to costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 12-06-2009 Gsn.