1 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NOS.10505, 10538 AND 10659 OF 2019 COMMON ORDER: Since the subject matter in all these writ petitions is one and the same, all these writ petitions are disposed of by way of a common order. 2. Heard Sri Aravala Rama Rao, learned Standing Counsel for the petitioners, Sri J.U.M.V.Prasad, learned counsel for the 1st respondent and learned Assistant Government Pleader for Labour, appearing for the 2nd respondent. 3. Learned Standing Counsel for the petitioners would submit that the workmen namely Sri P.P.Rao, Sri P.A.Vali and G.C.Sekhar, worked as Conductors of Kurnool-II Depot. During their service, they have committed misconduct and disciplinary action has been initiated against them. The office of the APSRTC found them guilty for the charges framed against them and imposed punishment of their removal from service. Hence, the workmen preferred appeals separately before the 2nd petitioner and the same were considered in part and their punishment is modified to the extent that the workmen were reinstated into service with immediate effect and their basic pay shall be reduced by two incremental stages for a period of two years, vide proceedings dated 15.01.2014. Thereafter, the workmen have preferred review petition and the same was rejected. Aggrieved thereby, 2 the 1st respondent being APSRTC National Mazdoor Union, on behalf of the workmen, has approached Industrial Tribunal-cum-Labour Court, Visakhapatnam and filed I.D.Nos.162, 173 and 158 of 2015 respectively, wherein the learned Labour Court has set aside the punishment imposed against the workmen, which is against to the facts of the case. Learned Standing Counsel finally prays to quash the orders dated 24.09.2018 passed in I.D.Nos.162, 173 and 158 of 2015 respectively. 4. Learned counsel for the 1st respondent as well as learned Assistant Government Pleader for Labour, appearing for the 2nd respondent would submit that the learned Presiding Officer of the learned Labour Court has rightly appreciated the material on record. Learned Assistant Government Pleader would further submit that whatever the alleged misconduct is only a mistake on the part of the employees and it is not with any ill intention. Learned counsel would further submit that the learned Presiding Officer of the Labour Court has rightly exercised its discretion and turned the punishment and passed award. Hence, prays for dismissal of the writ petitions. 5. Considering the submissions made and a fair look at the respective awards passed by the Labour Court, as rightly put by the learned counsel for the 2nd respondent, the Presiding Officer of the Labour Court has rightly appreciated the matter on record since it is observed in the awards that the Assistant Manager, who conducted preliminary enquiry against the workmen, 3 has failed to verify the excess cash in the counter, which was alleged to have been collected by the workmen from the students. It is also observed that some other students also attended the enquiry and stated that they have paid Rs.15/- alone for their I.D. cards etc., but not Rs.20/- and their signatures were obtained without explaining the matter. Thus, the punishment imposed against the employees for deferment of annual increments for two years with cumulative effect, is not sustainable since the mistake is on the part of ASPRTC authorities and taking into all the circumstances, the learned Labour Court has set aside the punishment imposed by the 2nd petitioner and thereby ordered restoration of the deferred annual increments without any punishment and with all monetary benefits as it is. So, there are no grounds to interfere in the awards passed by the learned Labour Court. 6. In that view, the Writ Petitions are dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ____________________________________ DR. VENKATA JYOTHIRMAI PRATAPA, J Date: 21.03.2025 ARR 4 301 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NOS.10505, 10538 AND 10659 OF 2019 Dt. 21.03.2025 ARR