THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR W.A.No.1027 of 2004 JUDGMENT (Per Sri Justice Ghulam Mohammed) This appeal is filed aggrieved by the order dated 28.04.2004, passed in W.P.No.839 of 1997, whereunder the learned single Judge of this Court confirmed the award dated 17.06.1996 passed in I.D.No.427 of 1992 by the Labour Court-II, Hyderabad. 2. The brief facts are that the first respondent while working as Conductor in the appellant Corporation was removed from service on the ground of certain cash and ticket irregularities. The appeal filed by him was rejected on 28.06.1991. Challenging the same, he filed I.D.No.427 of 1992 (old No.85 of 1991) before the Labour Court-II, Hyderabad. Through award dated 17.06.1996, the Labour Court directed the Corporation to reinstate the first respondent into service with continuity of service with all attendant benefits with 50% backwages, within 30 days from the date of publication of award. Questioning the same, the Corporation filed W.P.No.839 of 1997 before this Court. Through the impugned order, the learned single Judge of this Court dismissed the writ petition confirming the award of the Labour Court. Hence, this appeal. 3. Learned Standing Counsel for the Corporation contended that as the charges framed against the first respondent were proved, the learned single Judge of this Court ought not to have sustained the order of his reinstatement into service with 50% backwages, passed by the Labour Court. 5. We have perused the order impugned and the award of the Labour Court. The first respondent was charge sheeted with the following charges: 1. For having issued the following tickets to 10 individual passengers having boarded your bus at Khala and found alighting at Gungurala, ex stages 35 to 33, duly collecting the requisite fares at boarding point itself ticket Nos.279/87173, 174, 176, 177, 178, 179, 184, 185, 188 E.10 of Rs.1.50 denomination the tickets are unconcerned as per your SR and way bill No.0334/01690049, dt.12.09.1990. Hence, disallowed and taken TPT Nos.285/00238 to 247 of Rs.1.50 denomination Eac.10 inclusive both) which constitutes misconduct in terms of Reg.28(xxiii) of the APSRTC Employees conduct Reg.1963. 2. For having closed the SR up to stage No.33 for all denominations with the above irregularity which constitutes mis- conduct in terms of Reg.28 (xxv) of the APSRTC-Employees Reg.1963. A detailed enquiry was conducted into the said charges resulting removal of the first respondent from service. The Labour Court having held that the charges are proved opined that the punishment of removal from service is disproportionate to those charges and thereby directed the Corporation to reinstate the first respondent into service with continuity of service with all attendant benefits with 50% backwages. 6. Having regard to the facts and circumstances of the case and in view of the gravity of the charges, which were held proved, we deem it appropriate to modify the award of the Labour Court by reducing the backwages from 50% to 25%. 7. Accordingly, the Writ Appeal is allowed in part. The appellant shall pay the due amount to the first respondent within a period of two months from the date of receipt of a copy of this judgment. No order as to costs. ______________________ GHULAM MOHAMMED, J _________________ SANJAY KUMAR, J Date:23.09.2011 sj