IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10575 of 2008 Between: The Deputy Chief Traffic Manager, APSRTC, Vizianagaram, Vizianagaram District ..... PETITIONER AND 1 The Industrial Tribunal-cum-Labour court, Visakhapatnam rep.by its Chairman cum Presiding officer 2 Regional Secretary National Mazdoor Union, Salur Depot Vizianagaram District, representing K.V.R.Rao,E.465341, Conductor .....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 to issue a writ order or direction more particularly one in the nature of writ of certiorari calling for all the records relating to Award in ID.No.145 of 2003 dated 16.5.2007 on the file of the Hon`ble Industrial Tribunal cum Labour Court, Warangal which was published in G.O.Rt.No.1439 of Labour Employment Training and Factories (Lab.1) Department dated 28.6.2006 and set aside the same as illegal, arbitrary, and contrary to law and pass Counsel for the Petitioner:MR.C.APPAIAH SARMA Counsel for the Respondent No.: GP FOR LABOUR The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10575 of 2008 ORDER: A conductor, by name K.V.R.Rao, with E.No.465341 was working in S.Kota Depot of Vizianagaram District. A check was conducted on 15.07.1998, when he was conducting a bus. A shortage of Rs.50.50 ps. was found in cash. Another allegation was that the Conductor was having used tickets in his tray box. A charge sheet was issued by the Depot Manager and a departmental enquiry was conducted. Ultimately, an order was passed, imposing the punishment of reduction of pay by one incremental stage for a period of two years with cumulative effect. The employee unsuccessfully availed the departmental remedies of appeal and review. The National Mazdoor Union of Salur Depot had espoused the cause of the employee and filed I.D.No.145 of 2003 before the Industrial Tribunal-cum-Labour Court, Visakhapatnam. Through its award, dated 16.05.2006, the Labour Court upheld the findings recorded in the departmental enquiry, but reduced the punishment to the one of reduction of pay by one incremental stage for a period of one year without cumulative effect. The same is challenged in this writ petition. Sri C.Appaiah Sharma, learned counsel for the petitioner submits that the Labour Court had upheld the finding of misconduct against the employee and still, reduced the punishment. He contends that the acts of misconduct proved against the employee are serious and there was no basis for the Labour Court in reducing the punishment. The charge leveled against the employee was two- fold. The first is that a shortage of cash by Rs.50.50 ps. and the other is that certain used tickets were noticed in the tray box. The explanation offered by the employee was that on account of the break down of the bus, he used the cash in his possession for taking food and that the checking staff have collected the tickets, that were thrown on the floor of the bus by the passengers, who alighted the bus. The explanation offered by the employee was not accepted and the punishment, as referred to above, was imposed. It is no doubt true that the Labour Court had confirmed the finding against the employee and did not notice any irregularity in the domestic enquiry. All the same, it has exercised its discretion under Section 11-A of the Industrial Disputes Act and found that the punishment imposed against the petitioner is disproportionate. It is not in dispute that there was a break down of bus. Till the vehicle is repaired, the conductor and driver are supposed to remain at that place and naturally, they had to incur expenditure for taking food. Though the conductor is supposed to maintain proper account of the cash and tickets, in view of the fact that there was a break down of the bus, it cannot be said that there was any serious misconduct on the part of the employee in incurring the expenditure for taking food. The Labour Court had taken note of the minor lapses and had imposed the punishment, which is commensurate with the misconduct attributed to the employee. This Court is not inclined to interfere with the award. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs. _________ 10.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10575 of 2008 Date: 10.06.2008 JSU