HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 23584 OF 2004 Dated 20th November, 2009. Between M.Ganesh Babu …Petitioner And The Depot Manager, APSRTC, Bus Depot, Mahaboobnagar …Respondent HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 23584 OF 2004 ORDER: The petitioner, a conductor in the Andhra Pradesh State Road Transport Corporation (for brevity ‘the APSRTC’) at its Mahaboobnagar Depot, challenges the Award dated 01.11.1996 passed by the Labour Court-III, Hyderabad in I.D.No. 112 of 1994 to the extent it denied him backwages and imposed upon him the punishment of withholding of three annual increments with cumulative eﬀect. The petitioner further seeks a consequential direction to the APSRTC to pay him backwages along with other consequential benefits. A check was conducted on 20.6.1993 while the petitioner was conducting the bus service “Deverakadra—Koilsagar” and certain cash and ticket irregularities were detected. He was subjected to disciplinary proceedings in respect of four charges, three of which dealt with collection of fare amount from the passengers without issuing tickets. In all, the petitioner was alleged to have collected a sum of Rs. 17.50 in this regard from eight adult passengers and in respect of one chargeable child. After due enquiry, the APSRTC removed the petitioner from service by its order dated 31.08.1993. The same was conﬁrmed in appeal by order dated 26.02.1994. Aggrieved thereby the petitioner raised a dispute under Section 2-A(2) of the Industrial Disputes Act, 1947 in I.D.No. 112 of 1994, seeking reinstatement into service with continuity of service, full backwages and other attendant beneﬁts. By its Award dated 01.11.1996, the Labour Court-III, Hyderabad, having considered the matter on merits, came to the conclusion that the punishment of removal from service imposed upon the petitioner was too harsh and disproportionate and accordingly modiﬁed the same. The Labour Court directed reinstatement of the petitioner in service with continuity of service and other attendant beneﬁts, but imposed upon him the punishment of withholding of three annual increments with cumulative eﬀect and also denied him back wages. Aggrieved by the denial of backwages and the punishment imposed, the conductor ﬁled the present Writ Petition. It is relevant to note that the APSRTC did not choose to challenge the Award in I.D.No. 112 of 1994 with regard to the relief granted. The Supreme Court has unequivocally held that in cases of misappropriation, the quantum of the amount involved is irrelevant as the matter would have to be dealt with on the principles of ‘loss of conﬁdence’ and ‘lack of integrity’. That being so, the interference by the Labour Court in the matter on the ground of the quantum involved being less, is open to question. Be that as it may, the same is not under challenge and the Labour Court, in its wisdom, substituted the punishment of ‘withholding of three annual increments with cumulative eﬀect’ for that of ‘removal from service’ imposed by the APSRTC upon the petitioner. Considering the above facts, I do not ﬁnd that the said punishment is unreasonable or disproportionate. Further, as the petitioner remained out of service pursuant to the order of removal dated 31.8.1993 the denial of back wages by the Labour Court for such period cannot be found fault with. The Writ Petition is therefore devoid of merit and is accordingly dismissed. No costs. ---------------------------------- JUSTICE SANJAY KUMAR DATED 20T H NOVEMBER, 2009. Msnr.