IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 3563 of 2003 Between: V. Eswaraiah s/o V.Ch. Yellappa, R/o Guttapadu (V), Vorkakal (M), Kurnool District ..... PETITIONER AND 1 The Hon'ble Industrial Tribunal- Cum-Labour Court, Anantapur, rep by its Presididng Officer, 2 The Depot Manager APSRTC., Koilakunta Depot Koilakunda Kurnool District .....RESPONDENTS 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 Writ order or direction more particularly one in the nature of Writ of Certiorari and after calling for the records in I.D. No. 194/200 dt 25-6-2002 on the file of the Hon'ble 1st respondent in so far as denying continuity of service, attendant benefits, back wages and there (3) annual increments with cumulative effect is illegal arbitrary and unjust, and consequently quash the award in I.D. No.194/2000 dated 25-6-2002 by granting continuity of service, attendant benefits, back wages and three (3) annual increments to the petitioner. Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondent No.2: SMT.W.V.S.RAJESWARI, S.C. FOR APSRTC The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P.No.3563 of 2003 ORDER: 1 The petitioner seeks quashing of the award dated 25.06.2002 passed in I.D.No.194 of 2000 on the file of the 1st respondent-Industrial Tribunal-cum-Labour Court, Anantapur, in so far as denying continuity of service, attendant benefits, backwages and three annual increments with cumulative effect. 2 The petitioner is stated to be a Conductor in the 2nd respondent corporation and he was charge sheeted for certain irregularities alleged to have been committed by him while issuing tickets to the passengers. It is stated that a domestic enquiry was conducted and the petitioner was found guilty of the charges leveled against him. Subsequently, he was terminated from service by order dated 20.12.1999, which was confirmed by the revisional as well as the appellate authorities. Aggrieved by the same, the petitioner approached the 1st respondent-Industrial Tribunal by filing I.D.No.194 of 2000. The 1st respondent-Industrial Tribunal on a consideration of the entire material available on record, passed an award dated 25.06.2002 by setting aside the order of termination and directed the respondent to issue fresh appointment to the petitioner by reducing the pay to three annual increments with cumulative effect. Aggrieved by the same, the present writ petition is filed. 3 Heard both sides. 4 When once the 1st respondent-Industrial Tribunal ordered reinstatement of the petitioner as conductor afresh, in my considered view, it ought not to have further ordered for stoppage of three annual increments with cumulative effect. The petitioner had lost his seniority, attendant benefits, back wages and the only benefit he derived from the award of the Tribunal is his reinstatement as conductor afresh. 5. Keeping in view the fact that the charges levelled against the petitioner are trivial in nature, ordering of stoppage of three annual increments with cumulative effect, in my considered view, would be disproportionate to the misconduct alleged against the petitioner. Hence, the award of the Tribunal is liable to be set aside to that extent. 6. Accordingly, the award of the 1st respondent-Industrial Tribunal with regard to stoppage of three annual increments with cumulative effect is hereby set aside. 7. The writ petition is allowed to the extent indicated above. No order as to costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 04-08-2009 Gsn.