I • I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE j| PRESENT I THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6642 OF 2012 Between: The Depot Manager, APSRTC, Atmakur Depot, Kurnool District. ...PETITIONER AND 1. B.AIIabakash, S/o. Basheer Saheb, Aged 55 yrs, E.400614, Ex. Driver, Near Water Tank, Vegetable Market, Atmakur, Kurnool District. 2. The Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Anantapur. ...RESPONDENTS 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 nature of writ of Certiorari declaring the award made in I.D.No.109 of 2008 on the file of Industrial Tribunal-cum-Labour Court, Ananthapur as illegal, arbitrary and quash the same by calling for records relating to the said award dated 27.01.2011. I.A. NO: 1 OF 2012fWPMP. NO: 8418 OF 20121 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 grant interim suspension of the award dated 27.01.2011 made in I.D.No.109 of 2008 on the file of Industrial Tribunal cum Labour Court, Ananthapur pending disposal of the writ petition. I.A. NO: 1 OF 2014fWVMP. NO: 3670 OF 2014^ Between: i Allabakash, S/o. Basheer Saheb, , E.400614, Rtd. Driver, Near Water Tank. Vegetable Market. Atmakur, Kurnool District. ...PETITIONER/RESPONDENT No.2 AND 1. The Depot Manager, APSRTC, Atmakur Depot. Kurnool District. 2. The Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court, Anantapur. ...RESPONDENTS/WRIT PETITIONER 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 vacate the orders passed in W.P.M.P. No. 8418/2012 in W.P No 6642 of 2012 Dt 12-3-2012 forthwith. Counsel for the Petitioner: SRI ARAVALA RAMA RAO(SC FOR APSRTC) Counsel for the Respondent No.1: SRI S. M. SUBHAN Counsel for the Respondent No.2: GP FOR LABOUR The Court made the following: ORDER ; APHC010272062012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6642/2012 Between: ...PETITIONER Depot Manager,apsrtc.kurnool AND ...RESPONDENT(S) B Allabakash Kurnool An and Others Counsel for the Petitioner: 1 .ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent(S): 1.GP FOR LABOUR 2.S M SUBHAN The Court made the following: Order:- The petitioner corporation is challenging the award in I.D.No.109 of 2008, wherein the Labour Court, Anantapur, set aside the punishment imposed on the respondent. The 1®* respondent vide proceedings dated 05.03.2007, was imposed the punishment of removal from service. The 1"* respondent was appointed as a driver in the petitioner corporation in the year 1998. While on duty on 19.08.2006, he was also operating the Ticket Issuing Machine for passengers and the petitioner was charged with cash and ticket irregularity, the charges in that respect were framed and enquiry conducted. The petitioner imposed the punishment of proceedings dated 05.03.2007. 2. The 1®' respondent filed an appeal and review before the competent authorities were in vain. 3. Aggrieved by the order of removal, the 1"‘respondent filed I.D.No.109 of 2008 before the Labour Court, Anantapur. was removal vide 4. The learned Standing Counsel for the petitioner submits that the 1®‘ respondent was involved in cash and ticket irregularity, and the Labour Court failed to record a reason for directing reinstatement. The award passed is not backed by any substantial reasoning, and the evidence is also against the 1®* respondent. However, considering the directions of the Labour Court, the 1 respondent has been reinstated. The challenge insofar as grant of continuity of service with attendant benefits is concerned the same may be set aside. This Court, vide order dated 12.03.2012, granted an interim stay of the 3 % award, except to the extent of reinstatement. It is submitted that the respondent has also attained the age of superannuation, and that the Labour Court has passed a reasonable award, and denied the grant of back 1 wages. It is submitted that the statements of the passengers were not recorded by the enquiry officer, and as such, the charges were not substantially proved against the respondent. Considering ail these, the Labour Court has rightly set aside the order of punishment. The Labour Court has also recorded in the award that the punishment was excessive and that the respondent without any employment after removal from service. It is also submitted by the learned counsel for the respondent that the petitioner was charged of cash and ticket irregularity after more than 18 years of service, and that the petitioner would only be entitled for some monetary benefits on account of extension of attendant benefits and continuity 5. 6. of service. Considering the submissions of the learned Standing Counsel for the petitioner and the learned counsel for the respondent, this court is of the considered view that the Labour Court, Anantapur, has passed a 7. well-reasoned award that does not require any interference by this Court. The Labour Court has considered the oral and documentary evidence and also gave a categorical finding with regard to the non-recording of statements of the passengers, which would rendered the enquiry itself as a nullity. 4 ■ ^ Considering all these, the Labour Court has rightly set aside the order of removal dated 05.03.2007, and directed grant of continuity of service with attendant benefits, the Labour Court has also denied grant of back wages on the principle of ‘No Work No Pay’. Considering the well-reasoned award this 8. Court is not inclined to interfere with the award. 9. Accordingly, this Writ Petition is dismissed. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labo ur Court, Anantapur. One CC to Sri Aravala Rama Rao(SC for APSRTC) [OPUC] 3. One CC to Sri S. M. Subhan, Advocate [OPUC] Two CCS to GP for Labour, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. 1. 2. 4. ssb HIGH COURT DATED:21/01/2025 ORDER W . X 0 5 MAR 20?5 B ^ . Cuitem Secuun ^i^JOFSPATC^SS^ WP.No.6642 Of 2012 DISMISSING THE W.P. WITHOUT COSTS