THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.8715 of 2008 ORDER: The Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C) assails the Award dated 16.10.2006 passed by the Industrial Tribunal-cum-Labour Court, Warangal in I.D.No.8 of 2004. The said I.D arose upon a reference made by the Government of Andhra Pradesh under Section 10(1)(d) of the Industrial Disputes Act, 1947. The reference was as to whether the action of the A.P.S.R.T.C in imposing the punishment of deferment of annual grade increments for a period of two years with cumulative effect upon Sri K.Sudhakar, Conductor, was justified. The Tribunal, upon consideration of the material placed on record, came to the conclusion that the punishment imposed upon the Conductor was not justified and accordingly set it aside. The Award however does not reflect as to why the Tribunal found the case on hand a fit one for undertaking re-examination on facts. Unless the findings arrived at by the Disciplinary Authority are held to be perverse or are reflective of non-application of mind, the Tribunal is not justified in re-examination of the evidence. It is however to be noticed that the punishment imposed upon the Conductor was not preceded by an enquiry. In the light of the law laid down in Kulwanth Singh Gill v. State of Punjab[1], stoppage of increments with cumulative effect must be construed to be a major penalty and cannot be imposed upon an employee without proper enquiry. The action of the A.P.S.R.T.C in resorting to imposition of such a punishment upon the Conductor without proper enquiry cannot therefore be countenanced. However, as the Conductor was charged with not collecting the fare from a passenger, thereby causing loss to the A.P.S.R.T.C, he cannot be given a clean chit, merely because of this technical lapse. Considering the facts of the case, this Court is of the opinion that the ends of justice would be sufficiently served by reducing the punishment imposed to that of deferment of annual grade increments of the Conductor, Sri K.Sudhakar, for a period of two years without cumulative effect. The Award under challenge shall stand modified to this extent. The Writ Petition is accordingly allowed, but in the circumstances of the case, without any order as to costs. SANJAY KUMAR, J Date: 21.01.2011 va/kvs [1] 1991 Supp (1) SCC 504