THE HON’BLE SRI JUSTICE C.V. RAMULU Wednesday, 23rd day of January,2008 W.P.No.5306 of 2000 Between:- J. Chandraiah … Petitioner and Industrial Tribunal-cum-Labour Court, Warangal, Warangal District and another … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.5306 of 2000 ORAL ORDER: This Writ Petition is filed being aggrieved by an Award dated 28-4-1997 made in I.D.No.213 of 1993 on the file of Industrial Tribunal-cum-Labour Court, Warangal insofar as non-granting of continuity of service, back wages and attendant benefits while ordering fresh appointment of the petitioner as Driver, is concerned. It appears, petitioner was appointed as a Driver in the respondent-A.P. State Road Transport Corporation and was attached to Kothagudem Bus Depot with effect from 13-3-1987. While so, he absented from service without prior sanction of leave or without any intimation from 3-1-1988 to 15-7-1988. Therefore, he was suspended from service on 15-7-1988 and after conducting a detailed enquiry into the matter, the disciplinary authority passed an order of removal from service on 10-3-1989; aggrieved thereby, petitioner raised a dispute in the year 1993, i.e., after a period of 4 years. However, the Labour Court, after a detailed consideration of the entire material placed before it, came to the conclusion that the punishment of removal from service is disproportionate to that of the misconduct proved against the petitioner and as such directed reinstatement of the petitioner afresh and the other benefits, such as, continuity of service, attendant benefits, back wages etc., were denied. Challenging the same, the present Writ Petition is filed. Heard both sides. Learned counsel for the petitioner strenuously contended that though absenteeism is a matter of record, the Medical Certificate issued by a private Medical Officer was placed before the disciplinary authority, but that was not properly considered. In fact, even before the absenteeism from 3-1-1988, petitioner fell sick and underwent treatment in A.P.S.R.T.C. Hospital. Therefore, it must be deemed that the petitioner was in continuous sickness and as such, the certificate issued by the private Medical Officer ought to have been accepted. Further, the Labour Court, for an act of absenteeism, ought not to have denied continuity of service, back wages and other attendant benefits. I am not in agreement with the submissions made by the learned counsel for the petitioner. Petitioner was appointed on 13-3-1987 and he absented from duty from 3-1-1988 to 15-7-1988. Even according to the petitioner, he was sick prior to 3-1-1988. This shows that hardly the petitioner worked for not even one year actively in the respondent- Corporation. Ultimately, after conducting a detailed enquiry, his services were terminated on 10-3-1989. If continuity of service is allowed in a case of this nature, it amounts to rewarding the petitioner for the misconduct committed by him by granting 10 years of continuous service. In the facts and circumstances of the case, I am of the opinion that the Labour Court has not committed any error in denying continuity of service, attendant benefits and back wages and no interference is called for by this Court under Article 226 of the Constitution of India. The Writ Petition is devoid of merits and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. No order as to costs. 23-1-2008 prk