THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21684 of 1999 ORAL ORDER: This writ petition is filed questioning the Award made in I.D.No.10 of 1993 dated 11.7.1996 on the file of the learned Presiding Officer, Industrial Tribunal-cum-Labour Court, Visakhapatnam. It appears, petitioner was appointed as Driver in the Respondent Corporation in the year 1974 and working as such. While that being so, by order dated 24.10.1980 the services of the petitioner were terminated after conducting enquiry on the following charges framed against him: “1. For having loaded the four gunny bags with bottles containing liquor in the vehicle APZ 7467 at Yanam on 11.3.1980 without a valid permit, which constitutes misconduct under Regulation No.28(xvii) of APSRTC Employees’ (Conduct) Regulations, 1963. 2. For having deprived the legitimate revenues of the corporation without tendering the luggage fare and taking tickets towards luggage, which constitutes misconduct under Regulation No.28(iii) of APSRTC Employees’ (Conduct) Regulations, 1963. 3. For having driven the vehicle APZ 7467 on 11.3.1980 from Yanam to Ramachandrapuram unauthorisedly in a rash and negligent manner, which constitutes misconduct under Regulation No.28(i) of APSRTC Employees’ (Conduct) Regulations, 1963. 4. For having left the Headquarters without taking prior permission from the Depot authorities, which constitutes misconduct under Regulation No.5 of APSRTC Employees’ (Conduct) Regulations, 1963.” It appears, aggrieved thereby, petitioner raised a dispute under Section 2-A(2) of Industrial Disputes Act, 1947 in I.D.No.35 of 1988 before the Industrial Tribunal-cum-Labour Court. However, the Industrial Tribunal while holding that the enquiry conducted by the management was proper and valid and the charges are proved, dismissed the application. The Tribunal further held that application is not maintainable under Section 2-A(2) of I.D. Act since the date of removal was prior to amendment of Section 2-A(2). Thereafter, for the very same cause of action, conciliation proceedings were initiated and the matter was referred to the Government and the Government in turn referred the matter for adjudication of the following issue: “Whether the Depot Manager, APSRTC, Rajahmundry is justified in terminating the services of Sri K.Venkata Rao, Driver No.E.64644? If not, to what relief the workman is entitled”. The said reference was numbered as I.D.No.10 of 1993 and the Industrial Tribunal-cum-Labour Court, Visakhapatnam after elaborate consideration of the matter, held that the enquiry conducted by the management was valid and the dismissal order was proper, and dismissed the I.D. vide impugned order. Aggrieved by the same, the present writ petition is filed. Admittedly, the services of the petitioner were terminated on 24.10.1980 and he did not raise his little finger till 1988. He raised dispute only in the year 1988 questioning the dismissal order dated 24.10.1980. However, the said I.D. was dismissed as not maintainable while holding the enquiry conducted by the management was valid and the findings recorded therein does not suffer from any irregularity. Be that as it may, for the very same cause of action, petitioner raised a dispute through Union and the same was referred to the Industrial Tribunal in I.D.No.10 of 1993, which was also dismissed on the ground that the validity of domestic enquiry and the findings recorded by the Labour Court earlier are binding on the Tribunal and therefore, they need not be gone into again. Though the award was passed on 11.7.1996, questioning the same, petitioner filed the present writ petition in the year 1999 after more than three years. Now it is more than 30 years since the services of the petitioner were terminated and two I.Ds. filed by him were dismissed. For all the above reasons, I am of the opinion that the writ petition is devoid of merits, apart from being speculative in nature, therefore the same is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ______________ C.V.RAMULU, J Date: 16.7.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21684 of 1999 16.7.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.21684 of 1999 Date: 16th July, 2010 Between: K.Venkata Rao .. Petitioner And Industrial Tribunal-cum-Labour Court, Visakhapatnam, rep. by its Presiding Officer and another. .. Respondents