Telangana High Court
WP/17310/2004 of A.P.S.R.T.C.REP. BY ITS Vs ALLADI SEETHARAM AND ANOTHER on 28 December 2018
ABHINAND KUMAR SHAVILI WRIT PETITION No. 17310 of 2004 ORDER: This writ petition is filed seeking to issue a writ of certiorari calling for the record relating to and connected with I.D.No.118 of 2002 on the file of the 2nd respondent-Labour Court and quash the award dated 29.12.2003 passed
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Arguments
HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 17310 of 2004
ORDER:
This writ petition is filed seeking to issue a writ of certiorari calling for the record relating to and connected with I.D.No.118 of 2002 on the file of the 2[nd] respondent-Labour Court and quash the award dated 29.12.2003 passed therein holding it as illegal and arbitrary.
Heard learned standing counsel for the petitioner corporation and learned counsel for the 1[st] respondent.
It has been contended by the petitioner corporation that the 1[st]respondent workman was appointed as Driver in the corporation on 15.03.1993. While so, a charge sheet was issued to him on the allegations that he caused an accident resulting in death of two persons. After initiating disciplinary proceedings and after conducting regular enquiry and for the proven misconduct, the disciplinary authority had removed him from service. Questioning the same, the 1[st] respondent unsuccessfully preferred an appeal and thereafter raised an industrial dispute in I.D.No.118 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 29.12.2003 setting aside the order of removal and directing the corporation to reinstate the 1[st] respondent into service with continuity of service, but without back wages. Aggrieved thereby, the present writ petition is filed.
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 submissions made by the learned counsel for 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 by the learned standing counsel for the petitioner corporation in the award passed by the Labour Court, this Court cannot interfere with the award. There are no merits in the writ petition.
Therefore, the writ petition is dismissed. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. No order as to costs.
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ABHINAND KUMAR SHAVILI, J 28[th] December, 2018 cbs cbs HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
Writ Petition No.17310 of 2004 (dismissed)
28[th] December, 2018