1 APHC010322752018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14799/2018 Between: The Depot Manager ...PETITIONER AND The Depot Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VINOD KUMAR TARLADA (SC FOR APSRTC) Counsel for the Respondent(S): 1. GP FOR LABOUR (AP) 2. The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari, calling for records relating to I.D.No.22/2013 dated 01.11.2017 on the file of the Labour Court, Guntur published in the Gazette vide G.O.Rt.No.26 dated 29.01.2018 and quash the same as arbitrary, illegal and without jurisdiction and pass such other order or orders…...” 2 2. Heard Sri Vinod Kumar Tarlada, learned Standing Counsel for the petitioners and learned Assistant Government Pleader for Labour, appearing for the 2nd respondent. 3. Learned Standing Counsel for the petitioner would submit that the workman by name G.R.K.P.Hamsa, worked as Conductor in APSRTC in the 1st respondent. During his service, he has committed misconduct and disciplinary action has been initiated against him. The office of the APSRTC found him guilty for the charges framed against him and imposed punishment of deferment of annual increment for a period of one year. Hence, the workman preferred appeal and the same was rejected. Aggrieved thereby, he has preferred review petition and the same was also rejected. Thereafter, the 1st respondent being APSRTC United Workers Union, has approached Industrial Tribunal-cum-Labour Court, Visakhapatnam and filed I.D.No.22 of 2013, wherein the learned Labour Court has set aside the punishment imposed by the Depot Manager, APSRTC, Ravulapalem, which is against to the facts of the case. Learned Standing Counsel finally prays to quash the order dated 01.11.2017 passed in I.D.No.22 of 2013. 4. 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. 3 Learned Assistant Government Pleader would further submit that whatever the alleged misconduct is only a mistake on the part of the employee 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 petition. 5. Considering the submissions made and a fair look at the award 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 award that the punishment imposed against the employee for deferment of annual increment with cumulative effect, is without holding departmental enquiry and imposing such a type of punishment amounts to a major punishment even as per the APSRTC rules and regulations. So, there are no grounds to interfere in the award passed by the learned Labour Court. 6. In that view, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.03.2025 ARR 4 130 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14799/2018 Dt.21.03.2025 ARR