IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3277 of 2006 Between: The Depot Manager, APSRTC, Mehdipatnam Depot. ..... PETITIONER AND 1 Sri K.B.Reddy, S/o.Laxma Reddy r/o.Mogalgidda Village, Shadnagar Mandal, Mahaboobnagar District. 2 The Presiding Officer, Labour Court-I 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 an appropriate writ, order or direction more particularly in the nature of writ of mandamus setting aside the impugned award dt.7.4.2005 in I.D. No.56/2002 of the Labour Court-I, Hyderabad, by which the petitioner was directed to reinstate the respondent into service with continuity of service, 50% back wages and attendant benefits and pass. Counsel for the Petitioner:MR.V.T.M.PRASAD Counsel for the Respondent No.1: P. SRIDHAR RAO. Counsel for the Respondent No.2: GP FOR LABOUR The Court made the following: ORDER: The first respondent is employed as Conductor in Mehdipatnam Depot of APSRTC. On 29.10.2000, when he was conducting service between Mehdipatnam and Secunderabad, a check took place near Secunderabad Station, at 6.40 P.M. The checking officials found that the four passengers, who were said to have boarded at Clock Tower crossroads, were not issued tickets. A report was submitted to the appointing authority, the petitioner herein. A charge sheet, dated 21.11.2000, was issued to the first respondent framing three charges. The first respondent submitted an explanation denying the charges. Domestic enquiry was conducted, and vide his proceedings, dated 24.03.2001, the petitioner removed the first respondent from service. The appeal before the Divisional Manager and the review before the Regional Manager were rejected on 27.06.2001 and 04.04.2002 respectively. Thereupon, the first respondent approached the Labour Court-I, Hyderabad, by filing I.D.No.56 of 2002. Through its award, dated 07.04.2005, the Labour Court had set aside the order of removal and directed reinstatement of the first respondent into service with continuity of service and backwages to the extent of 50%. The award of the Labor Court is challenged in this writ petition. Heard the learned Standing Counsel for the petitioner, the learned counsel for the first respondent and the learned Government Pleader for Labour. It is not in dispute that the bus being conducted by the first respondent was checked at a time when it was reaching the terminal point. That was admitted by the checking officials themselves during the domestic enquiry. It is also admitted that the bus was loaded with 75 passengers and the Conductor was at the entrance at the front. The four passengers in question are said to have boarded at Clock Tower crossroads, which is not at all a stage and a point very nearer to Secunderabad station. Obviously, the said four passengers boarded the bus when it was in slow motion while taking turn, and even before the first respondent could notice them, the terminal point reached, and the checking officials have entered the bus. The Labour Court has taken these aspects into account and held that the charges against the first respondent were not proved. This Court is not inclined to take a different view. Neither any perversity nor any jurisdictional error is pointed out. The discretion exercised by the Labour Court in moulding the relief cannot be interfered with under these circumstances. Hence, the Writ Petition is dismissed. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY , J Dated 05.03.2008 sj ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to the Government Pleader for Labour, High Court Buildings, Hyderabad (OUT) 2.2CD copies Form-NIC-OGS/WP{MPL}