IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 1043 of 1999 Between: K.A.Khan, S/o. Md.Khan, R/o H.No.26-171, Bazar Street, Newpet, Palamaneer, Chittoor Dist. ..... PETITIONER AND 1 The Chairman-cim-President Officer, Industrial Tribunal cum Labour Court, Anantapur. 2 Depot Manager, A.P.S.R.T.C, Kuppam Depot, Chittoor Distrist. .....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 an order direction or writ particularly one in the nature of writ of certiorari or any other appropriate writ after calling the records in I.D.No.229/93 from the Tribunal-cum-Labour Court, Anantapur and set aside the award of the Labour Court in so far as not granting the back wages and attendant benefits and consequently direct the back wages and attendant benefits and consequently direct the respondent corporation to pay the back wages and other atendant benefits to the petitioner and pass Counsel for the Petitioner:MR.T.PRADYUMNA KUMAR REDDY Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : ORAL ORDER: This writ petition is filed seeking a Certiorari to call for the records relating to award in I.D.No.229 of 1993 dated 18.9.1996 on the file of the Industrial Tribunal-cum-Labour Court, Ananthapur. It appears, petitioner was working as Conductor in respondent- Corporation and when he was found to have committed certain cash and ticket irregularities, the following charges were framed. 1. “For having violated the rule ‘issue and start’ which constitutes misconduct under Regulation 28(xxxi) of APSRTC Employees (Conduct) Regulations, 1963. 2. For having reissued the passenger ticket Nos.079/899896 of Rs.5.50 ps. deno. 061/371867 of Rs.5.25 ps. deno. and 039/593276 of Rs.5.00 deno. total worth of Rs.15.75 ps. to a passenger who boarded the bus at V.Kota and bound for Chittoor Ex.Stages No.4 to 11. The said reissued tickets were accounted in the S.R. at K.G.F. Stage No.1 and valid upto stage No.11 i.e. Chittoor and also issued the luggage ticket Nos.216/998526 to 535 (i.e. 10 tickets) worth Rs.5/- towards 5 flower bags at V.Kota stage No.4 to 11 which constitutes serious misconduct under Regulation 28(xxiii) and (xxxi) of APSRTC Employees (Conduct) Reg. 1963. 3. For having misbehaved with the checking officials at the time of check and tried to pluck the reissued tickets from the hands of checking officials which constitutes misconduct under Reg. 28(viii) of APSRTC Employees (Conduct) Reg. 1963. 4. For having closed all the denominations in the S.R. upto stage No.9 (i.e. Mogili) without completing the ticket issued which constitutes misconduct under Reg. 28(xxxii) of APSRTC Employees (Conduct) Reg. 1963.” After conducting a detailed enquiry into the matter, petitioner was removed from service. Being aggrieved by the same, he raised dispute under Section 2-A(2) of the Industrial Disputes Act, 1947 before the Labour Court, Ananthapur in I.D.No.229 of 1993. Before the Labour Court, petitioner in fact filed a memo stating that he is not pressing for backwages and attendant benefits. While upholding the enquiry conducted by the management, the Labour Court passed an award directing for reinstatement of petitioner into service with continuity of service, but without any backwages and attendant benefits. Aggrieved by the same, the present writ petition is filed. Firstly, the writ petition was filed with a delay of more than three years after passing of award and there was no plausible explanation for the same and secondly, when the petitioner himself filed a memo before the Labour Court stating that he is not claiming for backwages and other benefits, the Labour Court cannot be blamed for not granting such reliefs. In view of the above, the writ petition is devoid of merits and liable to be dismissed and accordingly dismissed. No order as to costs. _____________ C.V.RAMULU, J Date: 3.3.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.1043 of 1999 3.3.2008