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 : 5279 of 2008 Between: S.K.Shabeer S/o. Mahaboob Saheb R/o. D.No.1/49 Standanpuram, Kurnool, Presently Working at Kurnool - 1 Depot. ..... PETITIONER AND 1 The Regional Manager, APSRTC., Kurnool Region, Kurnool. 2 The Industrial Tribunal Cum Labour Court, Anantapur, rep. by its Chairman Cum Presiding Officer. .....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 issue appropriate writ or order or direction more particularly one in the nature of Writ of Certiorari after calling for the records relating to the award in I.D.No.272/2003, dt. 24-7-2007 on the Industrial Tribunal cum Labour Court at Anatapur which was published in the Gazette vide G.O.Rt.No.2445, dt. 5.11.2007 and quash the award as illegal, arbitrary and consequently direct the 1st respondent to grant continuity of service with all consequently benefits in the interest of justice and to pass Counsel for the Petitioner: MR.S.D.GOWD Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : THE HON’BLE MR. JUSTICE L. NARASIMHA REDDY Writ Petition No.5279 of 2008 ORDER: The petitioner is employed as Driver in the Kurnool region of A.P.S.R.T.C. When he was driving the bus on 02-01-2001, on the route from Dhone to Yadiki, an accident took place, and a girl, by name, Jayalakshmi, died. Disciplinary proceedings were initiated against him, and through proceedings dated 30-05-2001, the Depot Manager, removed the petitioner from service. Appeal filed by the petitioner before the Divisional Manager, was rejected. In a review, filed before the Regional Manager, the order of removal from service was set aside, and it was directed that the petitioner be appointed afresh, with certain conditions, vide order dated 26-12-2001. On a request made by the petitioner, the A.P.S.R.T.C. Employees’ Mazdoor Union espoused his cause, and the Government referred the matter, under Section 10 of the Industrial Disputes Act, to the Labour Court, Anantapur. It was taken up as I.D.No.272 of 2003. Through its award dated 24-07-2007, the Labour Court held that the Regional Manager was justified in directing the appointment of the petitioner as fresh, and did not grant any relief. Hence, this writ petition. Sri S.D. Gowd, learned counsel for the petitioner, submits that the Regional Manager himself was satisfied that there was no negligence on the part of the petitioner, and still, had denied the benefit of past service. He contends that the accident took place on account of the negligence of the deceased, girl, and the petitioner is put to serious hardship, on account of the reinstatement as a fresh candidate. Learned Standing Counsel for the respondents, on the other hand, submits that the petitioner did not even report about the accident, and on the other hand, ran away from the spot, and that he deserved a more severe punishment. Three charges were framed against the petitioner, in relation to the death of a girl, on account of her being hit by the Bumper of the bus, driven by the petitioner. It is not in dispute that the petitioner was on the wheel of the bus, involved in the accident. The explanation offered by the petitioner, either at the accident spot, or in the departmental proceedings; is some-what astonishing. He has even pretended negligence of the accident, and said that when people gathered there, in anger mood, he ran away from the spot, and surrendered in the police station. He said that it is only thereafter, he came to know about the death of a girl child. The Labour Court took note of this serious fact, and held that the conduct of the petitioner was not proper. This Court is not inclined to take any different view. No procedural, or substantive irregularity is pointed out, in the award passed by the Labour Court. 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{KSRANI}