HONOURABLE SRI JUSTICE P. SWAROOP REDDY WRIT PETITION No.8094 OF 2001 ORDER: This Writ Petition is filed by the APSRTC against the award in I.D. No.53 of 1997 dated 29-08-2000 made by the Industrial Tribunal – cum – Labour Court, Ananthapur. 2. Respondent No.1, who is conductor of the petitioner Corporation, was found with excess cash of Rs.400-75 paise and police warrants. The allegation against him is of indulging in fraud by using police warrants and not issuing tickets. 3. During the course of the departmental enquiry, it was revealed that excess cash and police warrants were found with respondent No.1. The Labour Court accepted the finding with regard to possession of Rs.400-75 paise and also police warrants, but went on holding that there is no material to conclusively prove that respondent No.1 was indulging in fraud and it is only suspicion. No doubt, the finding of the Labour Court is erroneous as when the excess cash and blank police warrants were found with respondent No.1, the obvious conclusion could be of misusing the same. However, the Labour Court converted the removal of respondent No.1 from service into reinstatement with only 25% of back wages. 4. Learned counsel for the petitioner Corporation contends that now the contest of the petitioner Corporation is only to the extent of awarding 25% back wages. 5. Learned counsel for respondent No.1 reports that respondent No.1 has already retired from service, as such, there is no possibility of recovering 25% back wages. 6. In view of the gravity of the offence and erroneous finding of the Labour Court, I accept the contention of the petitioner Corporation that respondent No.1 is not entitled to 25% back wages also. 7. Considering the circumstances, the Writ Petition is allowed to the extent of disallowing 25% back wages awarded by the Labour Court to respondent No.1. In case, respondent No.1 is not yet retired from service, there would not be any difficulty in recovering the back wages. But, if he has already retired from service, the petitioner Corporation can take available steps against him for recovery of the back wages from his retirement benefits or pension etc. However, after withholding 25% back wages, the remaining retirement benefits shall be paid to him. 8. With the above directions, the Writ Petition is allowed in part. No order as to costs. ______________________ P. SWAROOP REDDY, J November 25, 2010. PV