THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17674 OF 2000 DATED 30TH AUGUST, 2011 BETWEEN P.Linga Rao …Petitioner And The Industrial Tribunal-cum-Labour Court, Rep. by its Chairman-cum-Presiding Officer, Visakhapatnam and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17674 OF 2000 ORDER: The unsuccessful workman in I.D.No.40 of 1997 on the file of the Industrial Tribunal-cum-Labour Court, Visakhapatnam, assails the NIL Award dated 09.09.1999 passed therein. The petitioner entered the service of the Andhra Pradesh State Road Transport Corporation (APSRTC) as a Conductor in the year 1988. His services were regularized as such in the year 1990. He was subjected to disciplinary proceedings under charge sheet dated 23.09.1995 detailing as many as 32 charges. The gravamen of these charges was that the petitioner had committed irregularities by altering the figures in the denomination tickets. After due enquiry, the petitioner was removed from service by order dated 07.06.1996. Aggrieved thereby, he raised an Industrial Dispute under Section 2-A(2) of the Industrial Disputes Act, 1947 which was taken on file by the Industrial Tribunal-cum-Labour Court, Visakhapatnam, as I.D.No.40 of 1997. The petitioner filed a memo that he was not disputing the validity of the domestic enquiry before the Labour Court. Basing thereupon, the Labour Court examined the material placed on record by the APSRTC, Exs.M.1 to M.45, and came to the conclusion that the petitioner was guilty of manipulating the denomination tickets whereby he misappropriated the revenues of the APSRTC. It accordingly confirmed his removal from service and rendered the NIL Award dated 09.09.1999. Sri A.Rama Rao, learned counsel for the petitioner, contended that upon submission of the denomination tickets by the petitioner, it was for the Assistant Depot Clerk/Controller (ADC) to check the same and that the failure on the part of the said officer could not be held against his client. The learned counsel also contended that his client was denied a fair opportunity during the enquiry as he was not furnished copies of the documents sought by him. In so far as the latter contention is concerned, it is to be noticed that the petitioner himself filed a memo before the Labour Court conceding the validity of the domestic enquiry. It would therefore not be open to the petitioner to reopen that issue before this Court. In so far as the first aspect is concerned, the mere failure on the part of the superior, the ADC, would not absolve the petitioner of his guilt in making alterations on the tickets whereby he misappropriated the funds of the APSRTC. Once this serious charge of misappropriation was established on facts, the Labour Court rightly refused to interfere in the matter and upheld the removal from service visited upon the petitioner. This Court finds no ground to interfere with the said Award. The Writ Petition is devoid of merit and is accordingly dismissed. No costs. ____________________ SANJAY KUMAR, J. 30TH AUGUST, 2011. VGSR/PGS