Andhra Pradesh High Court
WP/8363/2012 of THE DEPOT MANAGER, APSRTC., CHITTOOR DIST. Vs THANGELLA VENKATAMUNI, CHITTOOR DIST., & ANR. on 31 December 2024
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 8363 OF 2012 Between: The Depot Manager, APSRTC. Satyavedu Depot, Chittoor District.
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 8363 OF 2012
Between:
The Depot Manager, APSRTC. Satyavedu Depot, Chittoor[District.]
AND
...PETITIONER
1. Thangella Venkatamuni, S/o. Late T.P. Munuswamy, E.No. 512409, Ex-Conductor, R/o. D.No. 10/175, Diguva Padmasale Street,Narayanavanam Village & Mandal, Chittoor District.Conductor, R/o. D.No. 10/175, Diguva Padmasale Street,Narayanavanam Village & Mandal, Chittoor District.
2. The Chairman cum Presiding Officer, Industrial Tribunal[cum][ Labour]Court Anantapur.Court Anantapur.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue an appropriate writ, order or direction niore particularlyone in the nature of writ of Certiorari declaring the[award][ made][ in][ I.D.][ No.]115 of 2007 on the file of Industrial Tribunal cum Labour Court, Anantapuras illegal, arbitrary and quash the same by calling for records relating tothe said award dated 20-01-2011.
I.A. NO: 1 OF 2012(WPMP. NO: 10596 OF 2012)
Petition under Section 151 CPC praying that in the[circumstances]statedin the affidavit filed in support of the writ petition, the High Courtmay be pleased to grant interim suspension of the award dated 20-01-2011
^made in I.D. No. 115 of 2007 on the file of Industrial Tribunal cum Labour on the file of Industrial Tribunal cum LabourCourt, Anantapur, pending disposal of the writ petition.
Counsel for the Petitioner : SRI N. SRIHARI ( SC FOR APSRTC)Counsel for the Respondent No.1; SRI N. ASWARTHA NARAYANACounsel for the Respondent No.2: GP FOR LABOURThe Court made the following: ORDER
APHC010069822012
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3457]
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY-FOUR
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 8363/2012
Between:
The Depot Manager, Apsrtc., Chittoor Dist.
AND
...PETITIONER
Thangella Venkatamuni Chittoor Dist Anr and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.N SRIHARI (SC FOR APSRTC)
Counsel for the Respondent(S):
1.GP FOR LABOUR
2.N ASWARTHA NARAYANA
The Court made the following:
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ORDER:
The petitioner is challenging the award passed in I.D.No.115 of 2007 bylabour Court, Anantapur, on 20.01.2011 whereby the1®‘ respondent wasdirected to be reinstated into service and also directed to extend continuity ofservice and attendant benefits, however, the labour Court denied the grant ofback wagesand oneannualincrementwithcumulativeeffect wasalsoimposed on the 1®‘ respondent.
2. The l^t respondent while working as a conductor was[involved][ in][ ‘Issue]and Start’ irregularity and an enquiry was conducted and after checking, theand Start’ irregularity and an enquiry was conducted and after checking, the
officials found the irregularity on 26.05.2006.After the enquiry the disciplinaryauthority vide proceedings dated 16.10.2006, terminated the petitioner fromthe service.The appeal and review preferred by the1®* respondent weresummarily rejected by the authorities.Thereafter, the[ 1®^] respondent filed I.Dbefore the labour Court.The labour Court has considered the issue in totalityand has come to the conclusion that minor lapses on the part of the employeeshould not deprive the employee and his family livelihood. Hence, consideringthe same, the order of reinstatement was issued together[with][ extension][ of]continuity of service and attendant benefits.The labour[Court][ also][ imposed]thepunishmentofoneannualincrementwithcumulativeeffectafterreinstatement of the petitioner. The labour Court has denied the back wages.3.The learned counsel for the petitioner submitted that the 1®‘ respondentis still in service and serving at Tirupati.
4. The learned counselfor the1®‘ respondent submitsthat the awardpassed is justified and that the 1®‘ respondent has not filed any appeal againstdenial of back wages.passed is justified and that the 1®‘ respondent has not filed any appeal againstdenial of back wages.
5. Considering the submissions of the learned counsel[for][ the][ petitioner]and the respondents, this court is of the opinion that the award passed[ is in] adetailed manner after takinginto consideration the[oral][ and][ documentary]evidence and that there are no grounds to interfere[with][ the][ well][ considered]award.The labour Court has also taken into consideration the principle of ‘nowork no pay’ and denied back wages.No valid grounds wereset up todislodge the well considered award.and the respondents, this court is of the opinion that the award passed[ is in] adetailed manner after takinginto consideration the[oral][ and][ documentary]evidence and that there are no grounds to interfere[with][ the][ well][ considered]award.The labour Court has also taken into consideration the principle of ‘nowork no pay’ and denied back wages.No valid grounds wereset up todislodge the well considered award.
To
6. With these observations, the writ petition is dismissed.There shall beno order as to costs.no order as to costs.
Miscellaneous petitions,if any pending,in the Writ Petition,shall stand closed.
Sd/- A. VENUGOPALA RAO//TRUE COPY//ASSISTANT REGISTRARr SECTION OFFICER
1. One CC toSri N. Srihari, ( SC for APSRTC ) [OPUC]2. Two CCs toGP for Labour, High Court of Andhra Pradesh. [OUT]3. OneCCtoSri N. Aswartha Narayana, Advocate [OPUC]
4. Three C.D. Copies.
Cnr
HIGH COURT
DATED:31/12/2024
ORDERWP.No.8363 of 2012
DISMISSING THE W.P.WITHOUT COSTS
^^I20 MAR 2025|Current iieciion. ^