APHC010364072013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27758/2013 Between: 1. THE DEPOT MANAGER, APSRTC NIDADAVOLU DEPOT, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. K V S V PRASADA RAO, E.700333, CONDUCTOR, APSRTC, NIDADAVOLU DEPOT. 2. THE HONBLE LABOUR COURT, GUNTUR, REP. BY ITS PRESIDING OFFICER. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the form of writ of Certiorari (a) call for the records relating to and related to Award passed by the Labour Court, Guntur in I.D.No.30/2008 Dated.04.05.2012 published on 17.07.2012 in G.O.Rt.No.780 Dated 28.06.2012 and quash or set aside the same by declaring the same as arbitrary, illegal and contrary to the law as the Corporation has conducted the enquiry duly following the procedure prescribed in the Corporation regulations; and (b) consequently declare that the respondent is not entitled for any relief since the respondent committed misconduct and pass 2 IA NO: 1 OF 2013(WPMP 34437 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the Award passed by the Hon'ble Labour Court, Guntur in I.D.No.30/2008 Dated. 04.05.2012 published on 17.07.2012 in G.O.Rt.No.780 dated 28.06.2012 and pass Counsel for the Petitioner: 1. K SATYANARAYAN MURTHY(SC FOR APSRTC) Counsel for the Respondent(S): 1. GP FOR LABOUR 2. S M SUBHAN The Court made the following: 3 Order:- Sri K. Srinivasa Prasad, learned Standing Counsel for A.P.S.R.T.C., submits that the petitioner is aggrieved by the Award passed in I.D. No. 30 of 2008 dated 04.05.2012, whereby the Labour Court modified the punishment imposed on the 1st respondent to the effect of withholding of annual increment for a period of two (02) years with cumulative effect to that of without cumulative effect. 2. The 1st respondent was charged with cash and ticket irregularity and an enquiry was conducted. The explanation submitted by the 1st respondent was considered and the disciplinary authority imposed the punishment of withholding of annual increment for a period of two (02) years, which shall have the effect of postponing future increments, besides treating the period of suspension till the date of reinstatement as not on duty. 3. The learned counsel for the petitioner submits that the petitioner was found guilty of attempting to misappropriate Rs.15/- and that the enquiry officer found him guilty of the said allegations. 4. This Court, while admitting the writ petition, held that the 1st respondent is in service and that no prejudice would be caused to the petitioner if the award is not suspended at this length of time. 5. The petitioner has filed a copy of the award along with the writ petition and no other document is filed. As seen from the award, no documents were 4 filed by the petitioner or the respondents, and the statements recorded were considered by the Labour Court while modifying the punishment. 6. Considering the fact that the 1st respondent is continuing in service, the Labour Court has passed a well-reasoned and well-considered award which does not warrant any interference at this length of time. On these considerations, this Court is of the considered view that no grounds are made out by the petitioner for unsettling the well-considered and well-reasoned award passed by the Labour Court. 7. Accordingly, this writ petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 07.04.2026 PNS