THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Writ Petition No. 18528 of 2001 Order: This writ petition has been filed questioning the award dated 13.03.2001 passed in I.D. No. 43 of 1998 by the Labour Court-III, Hyderabad. The brief facts of the case are as follows. The petitioner was appointed as a Conductor on 21.12.1983 and that on 12.12.1997 at 7.11 AM while he was conducting the bus bearing No.8334 on the route Kurnool to Narayanpet a check took place and that a charge sheet was issued to the petitioner framing the following charges. 1. For having failed to observe the rule ‘issue and start’ which constitutes misconduct under Reg.28 (xxxii) of APSRTC Employees (Conduct) Eng.1983. 2. For having failed to issue tickets to two (2) individual passengers even after collecting the requisite fare @ Rs.2/- Rs.12.50 respectively from them at their boarding place itself, who boarded the bus at Erravelly and Kurnool stage Nos.32/31 and 42 respectively and found alighting without tickets at Beechpally stage No.31 (Ex-stages 32/31 and 42 to 31) which constitutes misconduct under Reg.28(vi)(a) of APSRTC Employees’ (Conduct) Regs.1963. 3. For having failed to issue tickets to four (4) passengers (3 adults and 1 chargeable child) even after collecting the requisite fare amount of Rs.66.25 @ Rs.18.75 each and Rs.10/- for chargeable child from them at their boarding place itself who found travelling without tickets from Alampur X Roads to Kothapally Ex-stages 38 to 21 which constitutes misconduct under Reg.28(vi)(a) of APSRTC Employees’ (Conduct) Regs.1963. The petitioner submitted his explanation to the said charges and having not satisfied with the same, a departmental enquiry was ordered. During the course of enquiry the statement of one of the checking officials was recorded and he was examined in support of the charges and the petitioner was given opportunity of cross-examining the said official and the petitioner himself gave statement before the enquiry officer and no other witnesses were produced on behalf of the petitioner. Basing on the report submitted by the enquiry officer, holding that the charges leveled against the petitioner were proved, a show cause notice of removal was issued to the petitioner and after receiving explanation from the petitioner, the second respondent- Depot Manager passed orders removing the petitioner from service on 02.07.1997. The appeal preferred by the petitioner before the Deputy Chief Traffic Manager, Mahaboobnagar Region was rejected on 17.10.1997. Even the review application filed by the petitioner was also rejected by the Regional Manager on 21.11.1997. Challenging the same, the petitioner raised industrial dispute. The Labour Court, by impugned orders dated 13.03.2001 passed in I.D. No.43 of 1998, dismissed the claim of the petitioner. The only submission of the learned counsel for the petitioner is that the Labour Court ought to have exercised its discretionary powers under Section 11-A of the Industrial Disputes Act. The only point that arises for consideration is whether the findings of the Labour Court are based on record or not. Having regard to the charges leveled against the petitioner and the material placed before the Labour Court, the Labour Court, considering the charges proved against the petitioner, opined that the petitioner is guilty of dishonest act and therefore he is unfit to continue in service and deserves the punishment of removal from service. Having perused the entire material on record and having regard to the facts and circumstances of the case, I do not see any reason to interfere with the findings of the Labour Court, which are based on proper appreciation of the entire material on record. Further, there is nothing on record to show that the findings of the Labour Court are perverse. Having regard to the charges proved against the petitioner, it is clear that the Labour Court is justified in not exercising its discretionary powers under Section 11-A of the Act. The writ petition is devoid of merit and the same is accordingly dismissed. However, in the circumstances, no costs. ___________________ B. CHANDRA KUMAR, J. Date: 03.12.2010 Nsr