APHC010348102005 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. M.L.RAO, VISAKHAPATNAM DIST, E MADDILAPALEM, VISAKHAPATNAM DIST. 1. THE INDUSTRIAL TRIBUNALCUM LABOUR COURT 3 OTHERS, VISAKHAPATNAM REP. BY ITS PRESIDING OFFICER, 2. THE REGIONAL MANAGER VISAKHAPATNAM DIST. 3. THE DEPOT MANAGER APSRTC, WALTAIR DEPOT, VISAKHAPATNAM DIST. 4. THE DEPOT MANAGER APSRTC, MADDILAPALEM DEPOT, VISAKHAPATNAM DIST. Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of "Certiorari", or any other appropriate writ, order or direction by calling for the records relating to and in connection with the of the Labour court in I.D.No. 14/2003 dt.9 W.P.No.16804 of 2005 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16804/2005 M.L.RAO, VISAKHAPATNAM DIST, E-453683, CONDUCTOR, MADDILAPALEM, VISAKHAPATNAM DIST. ...PETITIONER AND THE INDUSTRIAL TRIBUNALCUM LABOUR COURT 3 OTHERS, VISAKHAPATNAM REP. BY ITS PRESIDING OFFICER, THE REGIONAL MANAGER APSRTC, VISAKHAPATNAM, VISAKHAPATNAM DIST. THE DEPOT MANAGER APSRTC, WALTAIR DEPOT, VISAKHAPATNAM DIST. THE DEPOT MANAGER APSRTC, MADDILAPALEM DEPOT, VISAKHAPATNAM DIST. ...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 issue a writ of "Certiorari", or any other appropriate writ, order or direction by calling for the records relating to and in connection with the of the Labour court in I.D.No. 14/2003 dt.9-9-2004 in confirming the RC,J P.No.16804 of 2005 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI 453683, CONDUCTOR, ...PETITIONER THE INDUSTRIAL TRIBUNALCUM LABOUR COURT 3 OTHERS, APSRTC, VISAKHAPATNAM, THE DEPOT MANAGER APSRTC, WALTAIR DEPOT, THE DEPOT MANAGER APSRTC, MADDILAPALEM DEPOT, ...RESPONDENT(S): praying that in the circumstances stated in the affidavit filed therewith, the High Court may be issue a writ of "Certiorari", or any other appropriate writ, order or direction by calling for the records relating to and in connection with the Award 2004 in confirming the RC,J W.P.No.16804 of 2005 2 punishment of withholding annual increment for a period of 1year with cumlative effect as illegal to be set aside in the interest of justice with a consequential direction to pay the arrears of differed increment by duly refixing the pay and pass such other order or orders as may deem fit proper in the circumstances of the case. IA NO: 1 OF 2005(WPMP 21362 OF 2005 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 fix an early date of hearing of this writ petition and pass such other order or order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. GP FOR LABOUR 2. VINOD KUMAR TARLADA (SC FOR APSRTC) 3. B G UMA DEVI The Court made the following: ORDER Challenge laid in this Writ Petition is to the award dated 12.07.2004 passed by the Labour Court at Visakhapatnam in I.D.No.14 of 2003 whereby the action of the Regional Manager, APSRTC, Visakhapatnam in imposing punishment of withholding an annual increment, for a period of one year with cumulative effect was confirmed. 2. Heard Sri S.M.Subhan, learned counsel for the petitioner, and Vinod Kumar Tarlada, learned Standing Counsel for APSRTC. RC,J W.P.No.16804 of 2005 3 3. The facts, in brief, that led to filing of this writ petition are that while conducting an RTC bus the petitioner was found to have allowed a passenger to override and upon recording the spot statements of the passenger and the petitioner, a charge memo was issued, to which the petitioner had submitted an explanation. That later, charge sheet was issued to the petitioner and the management having not satisfied with the explanation submitted by the petitioner to the charge sheet, held departmental enquiry. That upon conclusion of enquiry, the management issued a final order-cum-show cause notice and the appeal preferred by the petitioner on the said final order was rejected. That in the review petition, the Regional manager reduced the punishment awarded by the depot manager of withholding one annual increment for two years with cumulative effect to one year with cumulative effect. Aggrieved thereby, the petitioner through union filed I.D.No.14 of 2003 and the learned Chairman & Presiding Officer through the impugned orders confirmed the orders passed by the Regional Manager. Hence, this writ petition. 4. The learned Presiding Officer of the Labour Court is right in holding that the petitioner while conducting the bus failed in his duty to verify whether any person is overstaying or whether any passenger is travelling without any ticket, as the same could be the only conclusion to be arrived RC,J W.P.No.16804 of 2005 4 basing on the material available on record. Therefore, the same does not require interference of this Court. 5. However, the punishment imposed on the petitioner of withholding one annual increment with cumulative effect seems a little bit harsh and disproportionate to the irregularity committed by the petitioner. Therefore, the same needs modification and the ends of justice would be met if the punishment imposed on the petitioner is modified to that of deferring the annual increment for one year without cumulative effect instead of with cumulative effect, however, by considering the contention of the learned Standing Counsel without any monetary benefits. 6. Accordingly, the writ petition is disposed of modifying the punishment imposed by the learned Chairman & Presiding Officer, Industrial Tribunal-cum-Labour Court, Visakhapatnam vide the impugned orders to that of deferring the annual increment for a period of one year without cumulative effect, without any monetary benefit. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR