THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 14540 of 2004 11-02-2008 Between: Lateefuddin Petitioner And The Depot Manager, A.P.S.R.T.C. Mehdipatnam Depot, Hyderabad and another. Respondents. THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 14540 of 2004 Oral Order: This is a workman’s writ petition directed against the award dated 11-12-2003 in I.D.No. 640 of 2000 of the Labour Court-I, Hyderabad. The petitioner instituted a claim under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short ‘the Act’) seeking invalidation of the order of removal dated 11-06-1999 issued by the Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’). The petitioner was employed as Conductor with the Corporation. He was conducting a bus of the Corporation on 21-11-1998. A check was conducted around 12-25 P.M. at the Keys High School point in Secunderabad. Certain cash and ticket irregularities were detected; statements of the passengers were recorded; a check sheet was issued followed by a charge memo. The petitioner was charged on two counts viz., (a) for having failed to observe the rule of Issue and Start, while conducting the vehicle and (b) and for having failed to collect the fare and issue tickets to 66 adults and 143 chargeable children, who had alighted without tickets at Keys High School, Secunderabad traveling from Golconda to Keys High School, Secunderabad. The petitioner submitted his representation and an inquiry was conducted. Eventually a show cause notice was issued; the petitioner’s reply considered and by the orders dated 11-06-1999 the petitioner was removed from service. The Labour Court found the domestic enquiry to be vitiated and itself permitted adducing of evidence. No oral and documentary evidence was marshelled on behalf of the petitioner while for the management – Ex.M.1 to M.26 were marked and Ex.X.1 being the certificate issued by the Headmaster of the School which had engaged the bus. On a consideration of the oral and documentary evidence, the Labour Court found the charges established and that the petitioner was grossly negligent for having conducted the bus without issuing of tickets and thereby caused potential loss to the Corporation. However, the Labour Court modified the punishment of removal to one of compulsory retirement with all benefits under the rules. Assailing this award, the writ petition is filed. Sri Mohd. Ghouseuddin, learned counsel for the petitioner would submit that there was no mala fide intention on the part of the petitioner, on account of the extreme rush of passengers, the petitioner could not observe the rule of ‘issue and start’ and there was no intention to misappropriate the funds of the Corporation or to cause loss to the employer. This contention of the petitioner does not commend acceptance by this Court. The rule ‘issue and start’ is a salutary rule, which ensures fidelity of the employees to the funds and other economic interests of the Corporation. The petitioner violated this mandatory rule and as a result 209 passengers were carried in the bus without issuance of tickets. This was detected only on account of the check conducted at the Keys High School, Secunderabad point. The misconduct has rightly been established and there are no circumstances, which warrant avoidance of the penalty. As modified by the Labour Court, the penalty is commensurate and proportionate to the serious charges of misconduct found established against the petitioner. No circumstances exist justifying judicial review of the order impugned. There are no merits. The writ petition is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 11-02-2008 pvks