HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24715 OF 2000 ORDER: Petitioner was working as a Conductor in the Hanamkonda Depot of the Andhra Pradesh State Road Transport Corporation (for short ‘APSRTC’). On 25-08-1981, while he was conducting a bus on the route from Hanamkonda to Peesara, a check was exercised between the stages 5 and 6. It was found that the petitioner collected fare from number of passengers, but did not issue tickets. A charge sheet was issued and after conducting domestic enquiry, the Depot Manager passed an order, dated 23-02-1982, removing the petitioner from service. After exhausting the departmental remedies, petitioner filed I.D. No.281 of 1995 in the Labour Court, Warangal. Through its Award, dated 09-02-2000, the Labour Court set aside the order of removal passed against the petitioner, directing that he shall be reinstated into service as conductor as ‘Fresh Recruit’. It was further directed that the increments of the petitioner shall be stopped after his reinstatement. Petitioner feels aggrieved by the award, insofar as denial of other benefits and imposition of punishment of stoppage of increments. 2. Heard the leaned counsel for the petitioner, the learned Government Pleader for Labour and the learned Standing Counsel for APSRTC. 3. The Labour Court found that the charges leveled against the petitioner were proved, after holding that the domestic enquiry is not defective. It exercised its discretion under Section 11-A of the Industrial Disputes Act, and set aside the order of removal of the petitioner from service. A direction was issued to the effect that the petitioner shall be reinstated into service as Fresh Recruit. 4. The principal grievance of the petitioner, appears to be about direction as to stoppage of increments with cumulative effect. Whatever be the justification for directing reinstatement of the petitioner as fresh recruit, there cannot be any justification for stoppage of increments after such recruitment. The reason is that on being recruited afresh, the petitioner would start his career in the beginning of the pay scale. The further increments can be stopped only for the acts of misconduct, after he joined the service, as a result of the award. 5. Hence, the Writ Petition is partly allowed, setting aside that portion of the award, which imposed the punishment of stoppage of increments with cumulative effect. It is, further, directed that if the petitioner is still in service, his pay shall be fixed by extending the benefit of increments, and the respondents shall pay the pay so fixed, with effect from 01-01-2011, but not any arrears. If he has retired, the increments shall be taken into account for the purpose of calculating retirement benefits. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J December 02, 2010. KTL