Telangana High Court
WP/17841/1999 of B.Yadagiri, Vs The Labour Court-I, on 26 December 2007
SRI JUSTICE C.V.RAMULU W.P.No.17841 of 1999 ORAL ORDER: This writ petition is filed seeking a Certiorari to call for the records relating to award made in I.D.No.67 of 1993 dated 20.8.1993 on the file of the Labour Court-I, Hyderabad and quash the same as arbitrary and illegal. It
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.17841 of 1999
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ORAL ORDER:
This writ petition is filed seeking a Certiorari to call for the recordsrelating to award made in I.D.No.67 of 1993 dated 20.8.1993 on the file ofthe Labour Court-I, Hyderabad and quash the same as arbitrary andillegal.
It appears, petitioner was appointed as Conductor in secondrespondent-Corporation in the year 1976. On 2.9.1978, while he wasconducting the Bus on route No.103, a check was exercised by thechecking officials at stage No.1 and found some cash and ticketirregularities. Petitioner was issued with charge sheet and afterconducting a detailed enquiry into the matter, he was removed fromservice vide proceedings dated 31.3.1979. Questioning the same,petitioner raised a dispute before the Labour Court. Before the LabourCourt, neither any oral nor documentary evidence was adduced onbehalf of petitioner, but on behalf of respondent-management, Exs.B1 toB.14 were marked. After a detailed consideration of the entire materialon record, the Labour Court passed award setting aside the removalorder passed by the respondent-management and directed it to treat thepetitioner as compulsorily retired from service as on 31.3.1979 and payall terminal benefits etc.
Heard both sides.
The petitioner was removed from service in the year 1979 and heraised dispute only in the year 1987. There was a long delay of nearly(8) years. Since the dismissal order was shockingly disproportionate tothat of the misconduct, the Labour Court while setting aside the removalorder, directed the management to treat the petitioner as compulsorilyretired from service, may be to avoid any stigma on the petitioner in obtaining further employment. It is further interesting to notice thatagainst the said award dated 20.8.1993, this writ petition was filed in theyear 1999 with a delay of more than (6) years. Thus, now it is more than28 years since the petitioner was removed from service. Apart from that,the charges framed against the petitioner cannot be said to be not grave.In fact, petitioner failed to issue tickets to (8) passengers, who boardedthe Bus at ex-stage No.5 and the check was exercised at ex-stage No.1. This itself shows that the petitioner did not issue tickets within four farestages, may be, he did not collect the money, but this is a seriouscharge.
For all the above reasons, I am of the opinion that the awardpassed by the Labour Court does not call for any interference by thisCourt under Article 226 of the Constitution of India. The writ petition isdevoid of merits and liable to be dismissed.
Accordingly, the writ petition is dismissed. No order as to costs.
______________
Date: 26.12.2007DA
C.V.RAMULU,J
THE HON’BLE SRI JUSTICE C.V.RAMULU
26.12.2007
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD
THE HON’BLE SRI JUSTICE C.V. RAMULU
W.P.No.17841 of 1999
Date: 26[th] December, 2007
Between:
B.Yadagiri
And
The Labour Court-I, Hyderabad,rep. by its Presiding Officer & another.
.. Petitioners
.. Respondents