1 APHC010329012018 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: 15138/2018 Between: The Depot. Manager, and Others ...PETITIONER(S) AND The Regional Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. ARAVALA RAMA RAO 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 the award made in I.D.No.91 of 2014, dated 06.07.2015 on the file of the Labour Court, Anantapur,which was published in the Gazette vide G.O.Rt.No.540, dated 02.11.2015, as illegal, arbitrary and quash the same and pass such other order or orders…...” 2 2. Heard Sri Aravala Rama Rao, learned Standing Counsel for the petitioners and learned Assistant Government Pleader for Labour, appearing for the 2nd respondent. 3. Learned Standing Counsel for the petitioners would submit that the workman by name Sri R.Sunkanna, worked as Driver in APSRTC, Tadipatri Depot. 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 issued final orders of removal from service with immediate effect vide proceedings dated 05.12.2011. The workman preferred appeal and the same was rejected vide proceedings dated 22.02.2012. Thereafter, he has preferred review petition before the Regional Manager, Anantapur and the same was considered in part and the punishment is modified to the extent that the workman shall be reinstated into service with immediate effect and his basic pay shall be reduced by two incremental stages for a period of two years, vide proceedings dated 30.05.2012. Aggrieved thereby, the 1st respondent being APSRTC United Workers Union, on behalf of the workman, has approached Industrial Tribunal- cum-Labour Court, Visakhapatnam and filed I.D.No.91 of 2014, wherein the learned Labour Court has set aside the punishment imposed by the 2ndpetitioner. Learned Standing Counsel finally prays to quash the order dated 3 06.07.2015 passed in I.D.No.91 of 2014 by the Industrial Tribunal-cum-Labour Court, Visakhapatnam . 4. Learned Assistant Government Pleader for Labour, appearing for the 2nd respondent would submit that the learned Presiding Officer of the 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 employee and it is not with any malafide intention. Learned counsel would further submit that the learned 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 learned Presiding Officer of the Labour Court has rightly appreciated the matter on record and observed in the award that while inspection, the checking officials never checked the bus cash and private cash of the workman, if they had done so, the truth would have come out there itself. Thus, the punishment imposed against the employee for deferment of annual increments for two years with cumulative effect is not valid since the mistake is on the part of ASPRTC authorities. Further, it was observed by the learned Labour Court in the order that no explanation is offered by the petitioners’ Corporation as to why the private cash and the bus cash were not checked, and taking into all the circumstances, the Labour Court has set aside 4 the punishment imposed by the 2nd petitioner and thereby ordered release of annual increment of the workman which was withheld besides treating the period of suspension as on duty. 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 5 288 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15138/2018 Dt.21.03.2025 ARR