IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9020 of 2008 Between: Kulakarni Rajeswar Rao @ K.R.Rao S/o. Ragottama Rao R/o. Banswada, Nizamabad Dist. ... PETITIONER AND 1 The APSRTC, Rep. by its Managing Director, Musheerabad, Hyd. 2 The APSRTC, Rep. by its Depot Manager, Banswada,Nizamabad. 3 The Labour Court-11 rep. by its Presiding Officer, Hyd. ...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 an order or direction more particularly one in the nature of writ of Certiorari by calling for the records relating to and in connection with the award of the Labour Court - II, Hyderabad passed in I.D.No. 46/2004 dt. 22-1-2007, which was published in the Gazette vide GORT No. 998 dt. 3-5-2007, in so far as denying the wages, besides imposing the punishment deferment of 3 annual increments with cumulative effect, as unjust, and illegal, contrary to well established principles of law, contrary to circular instructions, and as such quash the award by consequently direct the respondent herein to reinstate the petitioner and to pay the wages for the removal period forthwith along all benefits. Counsel for the Petitioner: MR.S.M.SUBHAN Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : O R D E R: The petitioner is working as a driver in Banswada Depot of APSRTC. On 27.4.2002, when he was driving the bus, on the route from Bodhan-Banswada-Hyderabad, he dashed the bus against a stationary lorry, and the same resulted in the death of the driver of the lorry, cleaner and two passengers. Another passenger died, while being shifted to the hospital, and 15 passengers, including the Conductor, received injuries. Therefore, a charge sheet was issued to the petitioner, incorporating the charges. Not being satisfied with the explanation, the 2nd respondent conducted domestic enquiry. The charges leveled against the petitioner were held proved. Through an order, dated 10.1.2003, the 2nd respondent removed the petitioner from service. After unsuccessfully availing the remedies of appeal and review, the petitioner filed I.D.No.46 of 2004, before the Labour Court-II, Hyderabad, under Section 2-A(2) of the Industrial Disputes Act. Through its award, dated 22.1.2007, the Labour Court had set aside the order of removal, and directed the reinstatement of the petitioner, by imposing the punishment of withdrawal of three yearly increments, with cumulative effect. It has also denied the back wages and attendant benefits to the petitioner. Petitioner challenges the award, insofar as it imposed punishment and denied certain benefits to him. Heard Sri S.M.Subhan, learned counsel for the petitioner, and Smt. B.G.Umadevi, learned Standing Counsel for the respondents. The charge leveled against the petitioner is very serious in nature, and it was held proved. It was not a case, where two vehicles in motion collided against each other, so that a doubt would have existed as to the role of the respective drivers. The petitioner dashed against the stationary lorry, resulting in death of four persons and injuries to 15 passengers. The Labour Court did not find any defect in the domestic enquiry, and agreed with the findings recorded by the enquiry officer. However, it had shown indulgence towards the petitioner, and in a way, balanced with an act, by imposing the punishment of withdrawal of increments and denying the back wages and attendant benefits. This court is of the view that the Labour Court had extended the said relief liberally to the petitioner, and no further relief can be granted to him, having regard to the nature of charges held proved against him. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________________ 24th April 2008 PAN