IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 1462 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/06/2008 in WP NO : 12302 OF 2008 on the file of the High Court.) Between: M.C. RAVAPPA, S/o. Munneppa Mamadugu Village Gannagavaram Mandal, CHITTOOR DISTRICT ..... APPELLANT AND 1 A.P.S.R.T.C rep. by its Depot Manager, Palamaner Depot, CHITTOOR DISTRICT . 2 A.P.S.R.T.C., rep. by its Divisional Manager, CHITTOOR, CHITTOOR DISTRICT 3 A.P.S.R.T.C., rep. by its Regional Manager, Tirupati, CHITTOOR DISTRICT .....RESPONDENT(S) Counsel for the Appellant:MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : JUDGMENT: (Per Sri Anil R. Dave, CJ) Being aggrieved by an order dated 19-6-2008 passed in W.P.No. 12302 of 2008, this appeal has been filed. The appellant-original petitioner is employed as a Driver in the Palamaneru Depot of A.P.S.R.T.C. It was alleged that the appellant- original petitioner had taken the vehicle from the Duty Driver and caused accident, which resulted into the death of a person. In the circumstances, disciplinary proceedings were initiated against him and ultimately his service was terminated. Being aggrieved by the order of termination, the appellant had approached the Industrial Tribunal-cum-Labour Court by filing a petition under Section 2A(2) of the Industrial Disputes Act, 1947 (for short ‘the Act’). After hearing the concerned parties and after considering the evidence, the Labour Court directed reinstatement with continuity of service but without back wages. Being aggrieved by the award, the appellant had filed the aforestated petition, which has been rejected. Learned Advocate appearing for the appellant has submitted that the appellant was out of employment for about four years and he has suffered due to non-payment of wages. In the circumstances, he has submitted that back wages be awarded to the appellant. The question with regard to awarding of back wages is a matter of discretion, which depends upon so many factors. Looking to the factors involved in the case, the Labour Court decided not to award any back wages and the said view has been confirmed by the learned single Judge. Looking to the peculiar facts and circumstances of the case and more particularly in view of the fact that the appellant has caused an accident, which resulted into the death of a person, we too are not inclined to entertain this appeal by confirming the view expressed by the learned single Judge. We do not find any substance in the appeal and the appeal is dismissed with no order as to costs. _____________________ ANIL R. DAVE, CJ __________________________ R. SUBHASH REDDY, J 1st December, 2008. GRR