Telangana High Court
WP/17329/2005 of THE REGIONAL MANAGER, APSRTC, AND ANOTHER Vs SRI B.VENKAIAH AND ANOTHER, on 28 December 2018
ABHINAND KUMAR SHAVILI WRIT PETITION No.17329 of 2005 ORDER: This writ petition is filed seeking to issue a writ of Certiorari calling for the records related to and connected with I.D.No.93 of 2002 on the file of the 2nd respondent-Labour Court and quash the award dated 29.07.2004 passed
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HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.17329 of 2005
ORDER:
This writ petition is filed seeking to issue a writ of Certiorari calling for the records related to and connected with I.D.No.93 of 2002 on the file of the 2[nd] respondent-Labour Court and quash the award dated 29.07.2004 passed therein, holding it as illegal and arbitrary.
Heard learned Standing Counsel for the petitioner-Corporation and Sri N.Vasudeva Reddy, learned counsel for the 1[st] respondent.
It has been contended by the petitioner-Corporation that the 1[st]respondent-workman was working as a Conductor in the petitioner-Corporation. While so, a charge sheet was issued to the 1[st] respondent on certain allegations. After initiating disciplinary proceedings and after conducting regular enquiry and for the proven misconduct, the disciplinary authority had removed him from service vide orders dated 07.02.2001. Questioning the same, the 1[st] respondent unsuccessfully preferred an appeal and revision, and thereafter raised an industrial dispute in I.D.No.93 of 2002 on the file of the 2[nd] respondent-Labour Court under Section 2-A(2) of the Industrial Disputes Act. The Labour Court, without properly appreciating any of the contentions raised by the Corporation, passed an award dated 29.07.2004 setting aside the order of removal and directing the Corporation to reinstate the 1[st] respondent into service with continuity of service and other attendant benefits, but without back wages. It was further directed in the Award that after reinstatement, two annual increments of 1[st] respondent be deferred without cumulative effect. Aggrieved thereby, the present writ petition is filed by the petitioner-Corporation.
Learned counsel for the 1[st] respondent has contended that the Labour Court has rightly passed the award in favour of the 1[st] respondent and, therefore, no interference is called for.
This Court, having considered the rival submissions of the parties, is of the considered view that the Labour Court has rightly passed the award in favour of the 1[st] respondent. Further, no illegality or irregularity is pointed out by the learned Standing Counsel for the petitioner-Corporation in the award passed by the Labour Court. Unless and until any illegality or irregularity is pointed out in the award passed by the Labour Court, this Court should not interfere with the award. There are no merits in the writ petition and the same is liable to be dismissed.
Therefore, the writ petition is dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.
28[th] December 2018
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ABHINAND KUMAR SHAVILI, J
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