THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.23021 OF 2000 ORDER: 1 The petitioner was working as conductor in the first respondent corporation and as certain irregularities were found during the check by the checking officials, a charge memo was issued and charges were framed against the petitioner and after holding an enquiry, the disciplinary authority passed an order on 04.03.1999 removing the petitioner from out of service. The said order was confirmed by the appellate authority and thereafter the petitioner raised a dispute and the same was numbered as I.D.No.175 of 1999 before the Labour Court I, Hyderabad i.e. 2nd respondent herein. The presiding officer of the Labour Court, having considered the entire material on record, while confirming the order passed by the disciplinary authority, came to the conclusion that the petitioner is not entitled for any relief and thus dismissed the said I.D. The same is questioned in this writ petition. 2 Heard both sides. 3 From a perusal of the S.R. marked as M.1, there is an endorsement made by the on-duty controller in respect of private cash of the conductor. The amount which was found at the time of said check was Rs.102/- excess. Of course, the petitioner offered his explanation, but the same was not considered by the authorities below including the labour court and this court is also of the view that the said explanation offered by the petitioner cannot be accepted. The misconduct is definitely proved against the petitioner and the award passed by the Labour Court cannot be said to be arbitrary. 4 However, having regard to the fact that the petitioner was aged 27 years at that point of time and he worked only for a period of three years by the date of the check, and he must be aged 40 years by now, he may be given an opportunity to work further. 5 Accordingly while holding the orders passed by the authorities below including that of the Labour Court are correct, the first respondent corporation is hereby directed to consider the case of the petitioner for appointment as conductor as a fresher. 6 The writ petition is accordingly disposed of. No order as to costs. -------------- 25.11.2010 Kvsn