IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12628 of 2008 Between: The Regional Manager, APSRTC, Nalgonda, Nalgonda District. ..... PETITIONER AND 1 The General Secretary APSRTC Employees Union, Nalgonda Region (Sri Y. Laxma Reddi, S/o. Malla Reddi, Conductor, Narketpalli Depot, Nalgonda District, C/o. Sri P. Venkateswara Rao, Advocate, Plot No.31, Sairam Nagar Near RTC Colony, Champapet, Hyderabad 79. 2 The Presiding Officer, Indutrial Tribunal-II, Chandravihar Buildings, Nampally, Hyderabad. .....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 any writ, order or direction, more particularly a writ of certiorari, calling for the records relating to the impugned award dt. 09.10.2007, in ID No.6/2006 on the file of Industrial Tribunal-II, Hyderabad and G.O.Rt.No.2506, dt. 08.11.2007 Labour and Employment Training & Factories (Lab-I) Department which was published on the Notice Board on 07.01.2008 and directed the petitioner herein to modify the deferment of annual increments for two years itself is sufficient but it effects on future increments is not unwarranted as illegal, arbitrary, and unjust and consequently quash the same and pass Counsel for the Petitioner:SMT.B.G.UMA DEVI Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12628 of 2008 ORDER: One Sri Y.Lakshma Reddy was employed as a Conductor in the Narketpalli Depot of A.P.S.R.T.C. Disciplinary proceedings were initiated against him, by issuing a charge sheet, and through the order, dated 04.02.1993, the Depot Manager removed him from service. The appeal filed before the Divisional Manager was rejected. Thereafter, the employee filed a review before the petitioner herein. Through an order, dated 02.06.1995, the petitioner had set aside the order of removal, but imposed the punishment of stoppage of annual increments for a period of two years with cumulative effect. The employee approached the 1st respondent herein, which, in turn, espoused the cause. The matter was taken up as I.D.No.6 of 2006 by the Industrial Tribunal-II, Hyderabad. Through award, dated 09.10.2007, the Industrial Tribunal modified the punishment to be the one of without cumulative effect. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Labour. A serious doubt arises as to the very maintainability of the writ petition, at the instance of the petitioner. The reason is that the petitioner functioned as a review authority under the Service Regulations. The petitioner, who functioned as an adjudicating and quasi-judicial authority, ought not to have figured as a contesting party, be it, before the Industrial Tribunal or this Court. That, however, is a different aspect. The petitioner himself was satisfied that the imposition of the punishment of removal upon the employee is too harsh and disproportionate and accordingly, set aside the order of removal. Though the punishment imposed by the petitioner viz., stoppage of annual increments for a period of two years with cumulative effect, may appear to be insignificant, it would have its own impact on the emoluments of the employee not only for the rest of the service but also upon the terminal benefits. The Industrial Tribunal took note of the same, discussed the matter on merits at length and arrived at a conclusion that the stoppage of increments without cumulative effect would meet the ends of justice. This Court is not inclined to interfere with the award. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 19.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12628 of 2008 Date: 19.06.2008 JSU