THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.928 OF 2001 DATED 13th APRIL, 2010 BETWEEN: S.Nagaraj … Petitioner A n d The Depot Manager, APSRTC, Gooty, Anantapur District, And another. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.928 OF 2001 O R D E R The petitioner, formerly a Driver in the service of the Andhra Pradesh State Road Transport Corporation (APSRTC), challenges the Nil Award dated 07.10.1998 in I.D.No.267 of 1995 on the file of the Industrial Tribunal-cum-Labour Court, Anantapur. The petitioner entered into the service of the APSRTC in the year 1986. He was subjected to disciplinary proceedings under charge sheet dated 26.10.1994 in connection with his unauthorized absence from duty and irregular attendance. After conducting an ex parte enquiry owing to the failure of the petitioner to respond to the call letters issued by the Enquiry Officer, the APSRTC passed orders removing him from service. The same was confirmed in Appeal and thereafter in Review. He therefore approached the Labour Court vide I.D.No.267 of 1995. After considering the material on record, the Labour Court took note of the fact that the petitioner had failed to produce medical certificates in support of his contention that he and his wife were both unwell, requiring medical attention, which constrained him to absent himself from duty. The Labour Court was not inclined to accept the medical certificate dated 28.08.1998 produced by the petitioner during the course of the arguments on the ground that the said action was belated. Accordingly, an award was passed dismissing the I.D. with costs. The petitioner in support of the plea that his wife was unwell at the relevant point of time due to which he could not attend to his duties, produced a medical certificate dated 02.05.2000 issued by the Civil Assistant Surgeon, District T.B. Control Centre, Anantapur, which speaks to the effect that the petitioner’s wife had undergone treatment from 02.04.1999 to 30.04.2000. The certificate goes on to state that she was totally incapacitated and was taken care of by her family members during the period of treatment. Without going into the veracity and validity of this certificate, it is to be noticed that this writ petition seeks exercise of Certiorari jurisdiction requiring this Court to call for the records relating to the Award dated 07.10.1998 in I.D.No.267 of 1995 on the file of the Industrial Tribunal-cum-Labour Court, Anantapur. It is not open to the petitioner having invoked such jurisdiction to seek to introduce new material at this stage. With the material available on record, the Labour Court was disinclined to grant any relief to the petitioner. No grounds are made out warranting interference with the findings recorded by the Labour Court which prompted it to dismiss the I.D. The writ petition is devoid of merit and is accordingly dismissed. No costs. --------------------------- SANJAY KUMAR,J 13th APRIL, 2010 PGS