WRIT PETITION 22520 of 2012 on 28 September 2004

ORDER:

The petitioner is aggrieved by the passing of Award in I.D.No.166 of 2001, dated 28.09.2004 whereby, the Industrial Tribunal-Cum-Labour Court, Anantapur, has passed nil award.

The case of the petitioner is that the petitioner was appointed as a Conductor in the year 1987 and on 09.10.1998 charges were framed against the petitioner for having misappropriated an amount of Rs.2,812/- denomination, for having issued forty tickets of Rs.5/- denomination, from a wrong S.R., reissuing of fifty tickets etc., The enquiry was conducted and the charges were proved against the petitioner. The petitioner was terminated from service vide order dated 06.03.1999, the appeal and review were also rejected by the appellate authorities of the respondent-Corporation. The petitioner filed I.D.No.166 of 2001 which was also dismissed and aggrieved by the same, the present writ petition is filed.

Learned Standing counsel for A.P.S.R.T.C submits that the charges leveled against the petitioner were grave in nature and the petitioner has misappropriated huge amounts which caused considerable loss to the Department.

Learned Standing counsel for A.P.S.R.T.C also submits that the order of the Tribunal is dated 28.09.2004 and the present writ petition is filed after lapse of seven and half years without any valid reasons. Learned Standing counsel for A.P.S.R.T.C further submits that the Industrial Tribunal has considered all aspects in detail and gave a finding that the allegations against the petitioner were proved and the petitioner has committed the irregularity of issuing tickets and not remitting the amount collected. As such, the action taken by the respondent-Corporation has not been found fault by the Tribunal.

Considering in detailed manner, in which the award is passed and also considering the nature of allegations against the petitioner, this Court is not inclined to interfere with the Award passed by the Tribunal. It is also pertinent to mention that the petitioner has not been in service since the date of termination. There is no explanation as to what prevented the petitioner to approach this Court soon after, the I.D. was dismissed by the labour Court. On account of latches on part of the petitioner, the writ petition cannot be entertained.

Accordingly, the writ petition is dismissed. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

Date: 24.01.2024 Nka

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JUSTICE HARINATH.N

247

Nka

HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION No.22520 of 2012Date: 24.01.2024