IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.9866 of 1999 Between: E.V.Prabhaker Rao, S/o. Venkat Rao, R/o.31-79, Ramakrishnapuram, Secunderabad, Hyderabad ..... PETITIONER AND 1 M/s.Vasavi Co-operative Urban Bank Ltd., Rep. by its Managing Director, Malakpet, Hyderabad. 2 The Presiding Officer, Labour Court-1, Chandra Vihar Complex, M.J.Raod, 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 one in the nature of Writ of Certiorari calling for the records relating to and connected with the order passed in I.D.No.13 of 1996 on the file of the 2nd respondent dated 31-12-1998 as published in G.O.Rt.No.503, dated 20-3-1999 and quash the same and consequently direct the respondent No.1 to reinstate the petitioner into service with full back wages, continuity of service and all other attendant benefits. Counsel for the Petitioner: Mr.S.ASHOK ANAND KUMAR Counsel for Respondents : GP FOR LABOUR The Court made the following : ORAL ORDER: None appears for the petitioner. This Writ Petition is filed questioning the Award dated 31-12-1998 made in I.D.No.13 of 1996 on the file of Labour Court-I, Hyderabad. Petitioner is the workman. Respondent No.1 is the Management. It appears, petitioner was appointed in the 1st respondent-Bank as a Clerk and his services were regularized with effect from 10-4-1987. Subsequently, he was promoted as Assistant Accountant with effect from 26-12-1989. While that being so, a charge sheet was issued alleging that the petitioner misappropriated an amount of Rs.14,900/- i.e. had fraudulently withdrawn the said amount on 3-10-1992 from Account No.443 standing in the name of the grand daughter of Kirpal Singh, i.e. Baby Antika. The said amount was not withdrawn by his daughter – Smt.Navdeep Malhotra - who was operating the minor’s account, as she was away from the town. After conducting an enquiry into the matter, petitioner was dismissed from service on 28-7-1995. Aggrieved thereby, petitioner raised a dispute under Section 2-A(2) of the Industrial Disputes Act,1947 before Labour Court-I, Hyderabad. The Labour Court found that the domestic enquiry conducted by the Management was valid. Further, on the basis of the evidence on record, it came to the conclusion that the petitioner was guilty of the charges and, therefore, refused to grant any relief as prayed for. Challenging the same, the present Writ Petition is filed. I have looked into the Award made by the Labour Court and also other material made available on record. I am of the opinion that the Labour Court, after going through the entire material placed before it, rightly appreciated the facts and circumstances of the case and confirmed the findings recorded by the disciplinary authority. Since the petitioner disputed certain transactions, the documents were referred for expert’s opinion. This is a case where apart from oral and documentary evidence, findings of the Government Examiner of Questioned Documents were also taken into consideration. Labour Court rightly came to the conclusion that the petitioner has fraudulently and with a mala fide intention misused his position and withdrew the amount from the account of a minor child by impersonating himself as the guardian of the said minor child. Thus, the petitioner has impersonated as the guardian of the minor child and withdrew the amount. This is a very serious offence. I am of the view that the Labour Court has not committed any error in concurring with the findings recorded by the disciplinary authority and refusing to grant any relief. No grounds are made out to interfere with the impugned Award. The Writ Petition is devoid of merits and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. No order as to costs. 13-3-2008 prk