IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION No. 3118 of 1996 Between: G.Anantha Reddy S/o. Ramakrishna Reddy Karimnagar ..... PETITIONER AND 1 The Presiding Officer Labour Court, Godavarikhani 2 The Depot Manager APSRTC., Karimnagar Depot Karimnagar .....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 an order, direction or writ more particularly one in the nature of writ of Certiorari after calling for the records from the Labour Court, Godavarikhani quash the award in I.D.No.557/89 dt.21/2/1991 and consequently grant continuity of service back wages and other attendant benefits. Counsel for the Petitioner : MR.G.VIDYASAGAR Counsel for the Respondent No.2 : SMT.G.JYOTHI KIRAN The Court made the following : ORDER : Aggrieved by the order of the Labour Court, Godavarikhani, dated 21-2-1991 passed in I.D.No.557 of 1989, the writ petition is filed. The petitioner entered the service of the Andhra Pradesh State Road Transport Corporation (APSRTC) on 25-1-1971 in Nizamabad Depot as an apprentice Conductor and in that status he was suspended on four occasions, removed from service once, warned five times for involving in cash and ticket irregularities, and the security deposit of Rs.200/- forfeited for involving in cash and ticket irregularities. While he was conducting the Bus on 26-7- 1976 on the route Karimnagar - Utnoor, a check was made and certain cash and ticket irregularities were identified, and a charge memo was issued alleging four species of cash and ticket irregularities including violation of the mandatory rule of ‘issue and start’. The petitioner submitted his explanation, a departmental enquiry was conducted and the disciplinary authority directed removal from the service. The petitioner preferred an appeal to the Divisional Manager unsuccessfully, another to the Regional Manager with equal success, and thereafter an appeal to the Vice- Chairman and Managing Director. By orders of the Vice-Chairman and Managing Director dated 7-5-1979, on a sympathetic view of the issue and of the petitioner’s circumstances, on a compassionate basis, the petitioner was appointed as a fresh Conductor and was posted to Kothagudem Depot. Nearly a decade after his reinstatement as a fresh candidate, he preferred an Industrial Dispute under Section 2A (2) of the Industrial Disputes Act, 1947, as amended by the A.P. Amendment Act, 1987. Rejecting the petitioner’s claim by the Award dated 21-2-1991 the Labour Court recorded that there were no infirmities in the departmental enquiry conducted and that there was substantive evidence on record in the domestic enquiry on the basis of which the conclusion of the petitioner’s guilt in respect of the charges alleged against him was found. As the petitioner, though removed from service, was reinstated into service as a fresh candidate by the management itself on an appeal to the Vice-Chairman and Managing Director, the Labour Court found no occasion to exercise the plenitude of its discretion under Section 11 of the Industrial Disputes Act, 1947. This Court discerns no error in the application of law or exercise of discretion by the Labour Court, warranting interference in this writ petition. The writ petition is bereft of merits and is accordingly dismissed. But, in the circumstances, without costs. _______________________ (GODA RAGHURAM, J) 17-11-2004. Msr. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Presiding Officer Labour Court, Godavarikhani 2 The Depot Manager APSRTC., Karimnagar Depot Karimnagar 3. 2CD copies HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No.3118 of 1996 17-11-2004. (Msr)