THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO. 13872 OF 1997 Date: 06.02.2008 Between: The Depot Manager, APSRTC, Yemmiganur Depot, Kurnool Dist. … Petitioner and The Presiding Officer, Labour Court, Ananthapur and another. … Respondents. THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO. 13872 OF 1997 ORDER: Despite service of notice, neither is the respondent present nor has any Counsel entered appearance on his behalf. This writ petition has been filed against the award of the Labour Court, Ananthapur in I.D. No. 107 of 1993 dated 31.01.1997 whereby the second respondent was directed to be reinstated into service but without back wages and attendant benefits. The second respondent was issued charge memo dated 09.01.1992 for the following charges: 1. for having issued used tickets after collecting the requisite fare bearing Nos. 008/125406 to 410 of Rs.30/- den. To a batch of 5 passengers traveling from Hyderabad to Kothakota ex.stages 7 to 5 which are admitted to have been issued as combination for the passengers in the up journey, from Kurnool to Hyderabad but filed to account the same in the SR with a pre-planed motive to re-issue them in down trip. 2. For having in possession of used ticket having punch mark on stage No.2 and 4 on ticket Nos. 011/660486 and having punch marks on stage No.2 and 7 on ticket Nos. 011/660487 to 499 of Rs.40/- den. In your tray, which were no accounted in the service SR. No. 0358581 while conducting the service with an intention to re-issue the same in down trip. 3. For having in possession of tickets bearing Nos. 207/174299 of Rs.10/- den. Having punch mark which were separately tied with rubber band in your tray and were nto accounted in the SR No. 358571, dated 17.11.1991 when they were about to be confiscated when you have tried to reissue them you have snatched all the tickets of Rs.10/- den. And Rs.30/- den. Tickets Nos. 008/125411 to 413 and eaten away to destroy the evidence. 4. For having failed to co-operative with the checking official during the course of check. 5. For having held an amount of Rs.1,187/- short in your bus cash while conducting the service on route Hyderabad-Yemmiganur on 19.11.1991. An enquiry was held wherein these charges were held established. Thereafter a show cause notice was issued on 01.07.1992 proposing the punishment of removal from service and, on receipt of the second respondent’s explanation thereto, proceedings dated 10.07.1992 were issued removing him from service. The said order of removal was confirmed in appeal and in review by orders dated 07.08.1992 and 12.01.1993 respectively. Aggrieved thereby the second respondent invoked the jurisdiction of the Labour Court, Ananthapur. As is evident, from the Appendix of evidence of the Award of the Labour Court, no evidence either oral or documentary was marked either on behalf of the second respondent or on behalf of the petitioner-employer. Curiously, without any documents having been marked, the Labour Court relies on the special report of the TTIs dated 19.11.1991, the explanation of the petitioner to the charge memo dated 22.01.1992, the enquiry report etc to hold the second respondent-workman not guilty of the charges framed against him. The Labour Court could not have relied on documents passed on to it, during the course of proceedings before it, (without these documents having been marked in evidence), to come to a conclusion whether or not the charges levelled against the workman are established. It is appropriate, therefore, that the award of the Labour Court, Ananthapur is quashed and the matter is remanded back for its consideration afresh after recording evidence, oral or documentary or both. Since the dispute relates to the year 1993, and a decade and a half has elapsed since then, it is but appropriate that the Labour Court, Ananthapur passes an Award afresh, in accordance with law, as expeditiously as possible in any event not later than four months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. In the circumstances without costs. ____________________________ Date: 06.02.2008 RAMESH RANGANATHAN, J MRKR