IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 19558 of 1999 Between: The Depot Manager A.P.S.R.T.C., Warangal Depot Warangal. ..... PETITIONER AND 1 P.A.Narayana E.53581, H.No.3-460/1-A, Gundibandal, Hanumakonda - 506 001 Warangal. (R1- Dismissed for Default vide Court Order Dt.10-9-03) 2 Labour Court, Rep. by its Presiding Officer Warangal. .....RESPONDENTS 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 issue any appropriate writ, direction, or order particularly a Writ in the nature of Certiorari calling for the records pertaining to the award in I.D.No.87/95 dt.30-6-98 on the ﬁle of the Labour Court, Warangal and quash the same as being illegal, arbitrary and unjust and pass all such other orders as may be deemed just and necessary in the circumstances of the case. Counsel for the Petitioner: SMT.P.RAJANI REDDY Counsel for the Respondent No.2: GP FOR LABOUR The Court made the following : THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.19558 of 1999 ORDER: This writ petition is ﬁled by the Andhra Pradesh State Road Transport Corporation through its Depot Manager, Warangal-I Depot, questioning the validity of the award, dated 30.06.1998, passed by the Industrial Tribunal-cum-Labour Court, Warangal, (for short ‘the Industrial Tribunal’) in I.D.No.87 of 1995. The ﬁrst respondent is the driver in the petitioner-Corporation. By initiating disciplinary proceedings on the proved misconduct, a ﬁnal order of punishment was passed reducing the basic pay of the petitioner from Rs.1,800/- to Rs.1,350/-. On the dispute raised by the ﬁrst respondent, the matter was referred to the Industrial Tribunal, which, by the impugned order, dated 30.06.1998, modiﬁed the punishment of reducing the basic pay, imposed by the disciplinary authority, to that of postponement of one annual increment with cumulative effect. Though the said award of the Industrial Tribunal is questioned on several grounds, however, it is to be noticed that so far as the ﬁrst respondent-workman, this writ petition was dismissed for default vide orders dated 10.09.2003. Though such an order is passed about ﬁve years back, no steps have been taken by the petitioner-Corporation, as such, the same has become final. In view of the dismissal of the writ petition against the ﬁrst respondent, who is a necessary party to the writ petition, no relief can be granted in this writ petition by interfering with the impugned award passed by the Industrial Tribunal. For the aforesaid reasons, the writ petition is dismissed. There shall be no order as to costs. ____________________________ JUSTICE R.SUBHASH REDDY 8th September 2008 DR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 2 CCs to Government Pleader for Labour, High Court of A.P., Hyderabad. (OUT) 2 2 CD copies.