THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO. 153 OF 1999 Date: 14.02.2008 Between: The Depot Manager, APSRTC, Zaheerabad. … Petitioner and Md. Ibrahim and another. … Respondents. THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO. 153 OF 1999 ORDER: Aggrieved by the award of the Labour Court, Hyderabad, in I.D. No. 153 of 203 dated 03.04.1997, the present writ petition is filed. The first respondent-workman was charge sheeted on 08.05.1991 for having abstained from attending Tarnaka hospital on 08.02.1991 and to have failed to submit details of his whereabouts. An enquiry was held and, on the charge being held established, the first respondent was imposed the punishment of removal from service on 26.06.1991. He approached the Labour Court, by way of an application under Section 2-A(2) of the Industrial Disputes Act, in the year 1993. The Labour Court held the charge levelled against the workman to have been established. On the quantum of punishment, the Labour Court observed that the first respondent-workman was absent from duty on the ground of illness and, as there was just cause for his failure to attend duty, the punishment of removal from service was harsh. The punishment imposed by the petitioner herein, of removal from service, was modified to that of reinstatement with all benefits including continuity of service but without back wages. For the charge held established against the first respondent, of having abstained from duty for a period of three months, the Labour Court has denied him back wages for nearly four years. It cannot be said that exercise of discretion by the Labour Court under Section 11-A of the Act, in substituting the punishment imposed by the employer of removal from service with that of denial of back wages for a period of nearly four years, shocks the conscience of this Court necessitating interference under Article 226 of the Constitution of India. The writ petition fails and is, accordingly, dismissed. No costs. _______________________________ Date: 14.02.2008 RAMESH RANGANATHAN, J MRKR