IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6933 of 2008 Between: The Depot Manager, APSRTC, Repalle Depot, Repalle, Guntur District. ..... PETITIONER AND 1 The Secretary, APSRTC Employees Union, Repalle, Rep. by K.Sambasiva Rao, Driver. 2 The Labour Court, Guntur, Rep. by the Presiding Officer. .....RESPONDENT(S) 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 a writ or order or direction more particularly one in the nature of Writ of Certiorari and call for the records pertaining to I.D.No.90 of 2000 dt. 8.6.2006 on the file of the Labour Court, Guntur and set aside the same as illegal and arbitrary and to pass Counsel for the Petitioner: C.PRAKASH REDDY(SC FOR APSRTC) Counsel for the Respondent No.: GP FOR LABOUR The Court made the following : THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No. 6933 of 2008 ORDER: One Sri K. Sambasiva Rao, is employed as a Driver in the Repalle Depot of A.P.S.R.T.C. On 04-10-1987, he was driving a bus on the route Repalle - Poterlanka. The bus fell into the Irrigation canal by the side of the road. A charge-sheet was issued to the Driver, and he submitted his explanation. Through his order dated 11-12-1987, the petitioner imposed the punishment of withholding of annual increments for a period of three years with cumulative effect. On a request made by the Driver, the 1st respondent-Union, initiated necessary steps for referring the matter to the Labour Court. Accordingly, the Labour Court took up the reference, as I.D.No.90 of 2000. Through its award dated 08-06-2006, the Labour Court had set aside the punishment imposed against the Driver, but directed that he shall not be entitled to the differential amount, till the date of the award. The petitioner challenges the award passed by the Labour Court. Heard Sri C. Prakash Reddy, learned Standing Counsel for the petitioner. The petitioner himself was convinced that no loss of life, or property had taken place, on account of the falling of the bus into the canal. The Driver offered his explanation, stating that though he was in full control of the bus, the accident occurred on account of the bad condition of the road. It is true that the Labour Court did not undertake detailed discussion. All the same, it had arrived at a just and proper conclusion for setting aside the order of punishment, and at the same time, denying the monetary benefit, up to the date of the award. The punishment of stoppage of three annual increments, with cumulative effect, would result in substantial reduction of the emoluments of the driver, and the same cannot be justified, when there was no loss of life or property. Therefore, this Court is not inclined to interfere with the award passed by the Labour Court. The writ petition is accordingly dismissed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.01-04-2008. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}