IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.35550 of 1998 Between: P.D.K. Chandra … Petitioner AND The Labour Court, Guntur, rep., by its Presiding Officer, & another. … Respondents Counsel for the petitioner : None Counsel for respondent No.2: Sri C. Prakash Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.35550 of 1998 ORDER:- This writ petition is filed for a Writ of Certiorari to quash award dated 26.04.1994 in I.D.No.372 of 1990 on the file of the Labour Court, Guntur. The petitioner prayed for modification of the award by directing respondent No.2 to grant continuity of his service with all consequential benefits including back wages from the date of his removal. The petitioner was appointed as a Conductor on 09.04.1987 at Gudur depot, Nellore District. He was absent from duty from 21.03.1989 to 28.05.1989 without prior intimation or permission from the management. This resulted in issuance of charge sheet dated 30.05.1989 with the following charge: “He has unauthorizedly absented for his duties from 21.03.1989 to 28.05.1989 without intimation or prior permission of the supervisors resulting in the unpunctual operation of services and loss of revenue to the corporation. He has also left the head quarters without obtaining prior permission.” The petitioner failed to submit his explanation to the charge sheet. Domestic enquiry was held thereafter in which the petitioner was given opportunity to defend himself. After coming to the provisional conclusion, respondent No.2 issued show cause notice calling upon the petitioner to explain why he shall not be removed from service. The petitioner failed to submit his explanation. On 08.09.1989, respondent No.2 passed order of removal against the petitioner. The petitioner was unsuccessful in his appeal filed before the Divisional Manager, APSRTC (for short, ‘the Corporation’) and consequently he raised an industrial dispute under Section 2A(2) of the Industrial Disputes Act, 1947 (for short, ‘the Act’) before the Labour Court. The Labour Court, by the impugned award while upholding the finding of the disciplinary authority that the petitioner has committed misconduct, however, modified the penalty imposed on the petitioner by directing the Corporation to appoint him afresh. Feeling aggrieved by the denial of reinstatement, back wages, continuity of service and other benefits, the petitioner filed the present writ petition. The Labour Court in its award held that the petitioner failed to apply for leave at any point of time and that mere medical certificate issued by a local doctor by itself would not absolve his responsibility to follow the specific procedure prescribed in the service regulations of the Corporation. The Labour Court also relied upon the circumstance of the petitioner failing to offer his explanation to the final show cause notice and held that having regard to the findings given by the enquiry officer and in the absence of any explanation submitted by the petitioner, the disciplinary authority had no option other than holding the petitioner guilty of misconduct of unauthorized absence. However, while exercising its discretion under Section 11-A of the Act, the Labour Court modified the penalty imposed on the petitioner. In my considered view, the Labour Court did not commit any jurisdictional error in passing the award. The Labour Court is vested with the discretion under Section 11-A of the Act and having been satisfied that no procedural illegality was committed by the domestic Tribunal, it felt that the penalty of removal from service is disproportionate to the gravity of misconduct and accordingly directed the Corporation to appoint the petitioner afresh. Having carefully considered the facts in their entirety, I do not find any reason to interfere with the discretion exercised by the Labour Court. The writ petition is accordingly dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 25.11.2008 ES