IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 5903 of 2008 Between: M.Srinivasa Rao, S/o.Anjan Rao, APSRTC,Nagar Kurnool Bus Depot, Mahaboobnagar, A.P., ..... PETITIONER AND 1 The Depot Manager, APSRTC, Nagarkurnool Bus Depot, Mahaboobnagar,A.P., 2 The Presiding Officer, Labour Court-III,Chandra Vihar,Hyderabad. .....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 a writ or order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to the impugned award in I.D.No.91/2006, dated 06-10-2007 on the file the Respondent No.2 herein and quash the same by declaring it bad, arbitrary, illegal and consequently direct the respondent No.1 to reinstate the petitioner with continuity of service and all attendant benefits with full back wages and with all other consequential service benefits. Counsel for the Petitioner: MR.P.VENKATESWAR RAO Counsel for the Respondents: SMT.B.G.UMA DEVI The Court made the following: ORDER: The petitioner was employed as a Driver on daily wage basis in Mahabobnagar Region of A.P.S.R.T.C. in the year 2000 and he worked in Nagarkurnool Depot in the year 2005. On 23.09.2005, the petitioner was assigned the duty of driving a long distance express service from Nagarkurnool to Mumbai. It was a single man service, where the Driver has to discharge the functions of Conductor also. In the check conducted at Mudhal Stage No.13/14, it was noticed that the petitioner collected Rs.774/- from a batch of two passengers for travelling from stages 6 to 65, but issued tickets worth Rs.274/- instead of Rs.774/-. Charge sheet was also issued and thereafter, an order of removal was passed by the Depot Manager. Aggrieved thereby, the petitioner preferred an appeal and thereafter, review before the authorities concerned. Not being successful in the departmental remedies, the petitioner filed I.D.No.91 of 2006 under Section 2-A (2) of the Industrial Disputes Act before the Labour Court-III, Hyderabad. Through its award, dated 06.10.2007, the Labour Court dismissed the I.D. Hence this writ petition. Sri P.Venkateswar Rao, the learned counsel for the petitioner submits that the petitioner was not a trained Conductor and being not conversant in writing, he did not make necessary entries and the issuance of tickets as mentioned in the charge was due to inadvertence. He further submits that a lenient view ought to have been taken by the authorities, including the Labour Court. Smt.B.G.Uma Devi, the learned Standing Counsel for the respondents, on the other hand, submits that huge amount of Rs.500/- is involved and the acts of misappropriation were resorted to by the petitioner deliberately. She contends that it is unimaginable that the petitioner was able to issue tickets for Rs.274/- mistaking them for Rs.774/-. It is not uncommon that irregularities in the matter of issuing tickets take place, some inadvertently and some deliberately. Many a time, the departmental officials themselves, at the stage of appeal and review, examine the matter in detail and if it emerges that there was no intentional misconduct on the part of the employee, necessary relief would be granted. In several cases, the Labour Court also examined the matter and moulds the relief depending on the facts and circumstances of the case. In the instant case, the amount involved is very huge. Further, it is not the case of the petitioner mistaking one ticket for the other. The ticket was issued on a slip, in writing and it is in the form of a receipt. There cannot be any occasion for writing the figure ‘274’ in the place of ‘774’. The Labour Court had appreciated the matter from the proper angle and this Court is not inclined to interfere with the same. The writ petition is, accordingly, dismissed. There shall be no order as to costs. ____________ 19.03.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}