THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.1346 OF 2010 ORDER: 1 The petitioner while working as conductor committed certain cash and ticket irregularities on account of which she was suspended and disciplinary proceedings have been initiated. The disciplinary authority after holding a detailed enquiry came to the conclusion that the allegations levelled against the petitioner are proved and accordingly imposed the punishment of removal from service. The said order dated 09.11.2001 was challenged by the petitioner before the appellate authority. The appellate authority while exercising its jurisdiction and discretion modified the said order of removal from service to that of reinstatement as a fresher by its order dated 27.08.2002. Questioning the said order passed by the appellate authority the petitioner raised a dispute before the Industrial Tribunal and the same was numbered as I.D.No.126 of 2005. Ultimately the Industrial Tribunal, after holding an enquiry, came to the conclusion that against an order of that nature passed by the appellate authority an industrial dispute is not maintainable under section 2 A (2) of the Industrial Disputes Act. The same is challenged in this Writ Petition. 2 Heard both sides. 3 From a perusal of the material on record, it appears that the order passed by the appellate authority is one of reinstatement as a fresher. As the same is a lesser punishment as rightly held by the Industrial Tribunal the said dispute is not maintainable. 4 Accordingly I see no merits in this Writ Petition whereby the order passed by the Industrial Tribunal is challenged and hence the Writ Petition is dismissed. However, if the petitioner so chooses, he may approach the Government, in which event, the Government has discretion to refer the matter to Industrial Tribunal by publishing the same in a gazette. No costs. ---------------------------------- GOPALA KRISHNA TAMADA, J. 23.02.2010 Kvsn