IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4516 of 2008 Between: The Regional Manager, APSRTC, Vijayawada, Krishna District. ..... PETITIONER AND 1 The Depot Secretary, APSRTC Transport Mazdoor Sangh, Machilipatnam, Rep. by K.L. Swamy, Driver, Machilipatnam, Krishna District. 2 The Presiding Officer, Labour Court, Guntur. .....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 a writ or order or direction more particularly one in the nature of Writ of Certiorari and call for the records pertaining to I.D.No.205 of 2002 dt. 01.02.2007 on the file of the Labour Court, Guntur, and set aside the same as illegal and arbitrary. Counsel for the Petitioner: C.PRAKASH REDDY(SC FOR APSRTC) Counsel for the Respondent No.: GP FOR LABOUR This Court made the following: Form-NIC-OGS/WP{MSN} O R D E R: One K.L.Swamy was employed as a Driver of A.P.S.R.T.C. On 20.12.1993, while he was driving a Bus on the route Kommallapudi to Bantumilli in the Vijayawada region of A.P.S.R.T.C., an accident took place, resulting in the death of two individuals. Charge sheet was issued to him and he submitted his explanation. Departmental enquiry was conducted and through an order, dated 26.4.1994, the Depot Manager removed the employee from service. An appeal preferred by the employee to the Divisional Manager was also rejected. Thereupon, the employee filed a Review before the Regional Manager, the petitioner herein. On a consideration of the facts and circumstances of the case, the petitioner directed reinstatement of the employee, imposing the penalty of stoppage of three increments, which would have the effect of postponement of his future increments. The employees’ Union-1st respondent herein espoused the cause of Mr.Swamy in an industrial dispute. The same was referred to the Labour Court, Guntur and, it was taken up as I.D.No.205 of 2002. The Labour Court passed an Award dated 1.2.2007 holding that the punishment imposed against the employee is not justified and directed the petitioner herein to release all the benefits of increments by refixing his pay and directed that the employee shall not be entitled to arrears. The same is challenged in this writ petition by the Corporation. Heard Sri C.Prakash Reddy, learned standing counsel for A.P.S.R.TC. appearing for the petitioner and the learned Government Pleader for Labour. Though the employee was removed from service by the appointing authority, the petitioner herein reviewed the order of removal and felt it proper to direct reinstatement by imposing the penalty of withholding the increments. The Labour Court had undertaken extensive discussion in the reference made to it, as to the reasonableness of the punishment imposed against the employee. Cogent reasons were recorded. No patent illegality or perversity is noticed in the award passed by the Labour Court. In fact, the Labour Court maintained a perfect balance between undoing the injustice done to the employee and protecting the interest of the Corporation by denying the arrears to the employee because of the delay in initiating the proceedings. This Court is not inclined to interfere with the award of the Labour Court. Hence, the writ petition is devoid of merits and is dismissed. No order as to costs. _______________ 04.03.2008 bcj