THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17606 OF 2001 DATED 26TH NOVEMBER, 2010 BETWEEN M.A.Gaffar … Petitioner And The Hon’ble Industrial Tribunal-cum- Labour Court at Warangal, Rep. by its Presiding Officer and another. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17606 OF 2001 ORDER: The petitioner, a Cleaner in the Andhra Pradesh State Road Transport Corporation (APSRTC), assails the Award dated 06.05.1997 passed by the Industrial Tribunal-cum-Labour Court, Warangal, in I.D.No.132 of 1993 to the extent it denied him continuity of service, back wages and attendant benefits. The petitioner entered the service of the APSRTC as a Cleaner in the year 1977. He was absent without leave from 11.02.1990 upto 16.05.1990. He was subjected to disciplinary proceedings in connection with this unauthorized absence and was removed from service on 16.08.1990. After exhausting the remedies of appeal and review, he approached the Labour Court by way of the subject I.D. The Labour Court, upon examination of the material on record, held that the petitioner was, in fact, absent during the period in question without sanction of leave. However taking into account the fact that the petitioner was unwell and bedridden during the said period, the Labour Court found the punishment of removal from service to be disproportionate to the gravity of the misconduct. It therefore set aside the petitioner’s removal from service and directed his reinstatement in service as a fresh recruit in the post of a Cleaner without continuity of service, back wages and attendant benefits. The facts aforestated demonstrate that the petitioner was absent only for a short period of just over three months. Further, the Labour Court also believed his version that he was bedridden during the said time. Therefore no misfeasance or malfeasance can be attributed to the petitioner for the said unauthorized absence. No doubt, he committed misconduct in terms of the APSRTC’s Regulations but for the same, the punishment of denying him the long service rendered by him from 1977 would not be commensurate to the misconduct or be justified on facts. Denial of back wages and actual monetary benefits for the period would suffice. It is stated that pursuant to the Award of the Labour Court the petitioner was appointed afresh as a Cleaner. The Award of the Labour Court is accordingly modified directing the APSRTC to reinstate the petitioner in service with effect from the date on which he was appointed afresh as a Cleaner with continuity of service and notional attendant benefits upto such date. He shall therefore not be entitled to back wages or actual monetary benefits accruing from such notional service. The Award under challenge shall stand modified to that extent. The Writ Petition is accordingly allowed in part. In the circumstances of the case, there shall be no order as to costs. ____________________ SANJAY KUMAR, J. 26TH NOVEMBER, 2010. VGSR