IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6134 of 2008 Between: The Depot Chief Traffic Manager, APSRTC Guntur ..... PETITIONER AND 1 The Secretary, APSRTC Employees Union, Repalle Rep.for A.Veeraiah Chowdary, Driver 2 The Presiding Officer, Labour court, Guntur .....RESPONDENT(S) 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 to issue a writ or order or direction more particularly one in the nature of writ of Certiorari and call for the records pertaining to ID.No.114 of 2003 dated 8.6.2006 on the file of the Labour court, Guntur and set aside the same as illegal, and arbitrary, and to pass Counsel for the Petitioner: C.PRAKASH REDDY(SC FOR APSRTC) Counsel for the Respondent No.: GP FOR LABOUR The Court made the following : THE HON’BLE MR. JUSTICE L. NARASIMHA REDDY Writ Petition No.6134 of 2008 ORDER: A Driver, by name, M.Veeraiah Chowdhary, was employed by the A.P.S.R.T.C. When he was working in Bapatla Depot, and was performing duty on 28-12-1999, on the route from Guntur to Bapatla, an accident took place. There was collision between the Bus and an Ambassador Car. A charge-sheet was issued to the Driver, and after conducting departmental inquiry, the Depot Manager, removed the Driver from service, through order dated 26-04-2000. In the appeal preferred by the employee, the Deputy Chief Traffic Manager, Guntur, had set aside the order of removal and directed the reinstatement of the Driver. Punishment of withholding annual grade increments, for a period of two years, with cumulative effect was imposed, vide order dated 19-08-2000. The same was confirmed, in the review, by the Regional Manager, Guntur. On the request made by the Driver, the 1st respondent espoused his cause, and the matter was referred to the Labour Court, Guntur, by the Government, under Section 10 of the Industrial Disputes Act. Vide its award dated 08-06-2006, the Labour Court modified the punishment to the one of stoppage of annual grade increment for two years, without cumulative effect. The same is challenged in this writ petition. Heard the learned Standing Counsel for the Corporation. This writ petition is filed not by the appointing authority, i.e. the Depot Manager, but the appellate authority. It becomes doubtful as to whether such a course is permissible. Be that as it may, the petitioner himself took into account the sketch, depicting the accident, and expressed the view that there was no negligence on the part of the Driver. The skid marks on the road proved the fact that the Driver applied the brake. It was also noted that there was lot of open area, on the road, for the car to proceed, and in a way, the negligence was found to be that of the Driver of the Car. The stoppage of increments with cumulative effect would have their effect for the rest of the career of the employee. Therefore, there must be a strong case for the employer to impose such punishment. The record in this case does not disclose that there was such a serious lapse on the part of the Driver. The Labour Court took the correct view of the matter, and this Court is not inclined to interfere with the same. The writ petition is accordingly dismissed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt: 24-03-2008. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}