APHC010437252007 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. THE DY.CHIEF TRAFFIC MANAGER, APSRTC, ELURU, WEST GODAVARI REGION, AT ELURU. 1. THE REGIONAL PUBLIC RELATIONS SECRETARY W G DIST ANO, EMPLOYEES UNION, WEST GODAVARI DISTRICT ELURU REPRESENTED FOR 2. THE LABOUR COURT GUNTUR REPRESENTED BYITS, PRESIDING OFFICER. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High pleased toto issue any appropriate writ, direction or order more particularlyone in the nature of writ of mandamus setting aside the impugned award dated 05 06-2006 passed in I.D.No.226 of 2002 on the file of Labour Court, Guntur as illegal and arbitrary and pass such justice and equity. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24285/2007 THE DY.CHIEF TRAFFIC MANAGER, APSRTC, ELURU, WEST GODAVARI REGION, AT ELURU. ...PETITIONER AND THE REGIONAL PUBLIC RELATIONS SECRETARY W G DIST ANO, EMPLOYEES UNION, WEST GODAVARI DISTRICT ELURU REPRESENTED FOR SMT.T.PUNYAVATHI, CONDUCTOR THE LABOUR COURT GUNTUR REPRESENTED BYITS, PRESIDING ...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 pleased toto issue any appropriate writ, direction or order more particularlyone in the nature of writ of mandamus setting aside the impugned award dated 05 2006 passed in I.D.No.226 of 2002 on the file of Labour Court, Guntur as d arbitrary and pass such other order or orders in the interest of IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI THE DY.CHIEF TRAFFIC MANAGER, APSRTC, ELURU, WEST ...PETITIONER THE REGIONAL PUBLIC RELATIONS SECRETARY W G DIST ANO, EMPLOYEES UNION, WEST GODAVARI DISTRICT ELURU THE LABOUR COURT GUNTUR REPRESENTED BYITS, PRESIDING ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the Court may be pleased toto issue any appropriate writ, direction or order more particularlyone in the nature of writ of mandamus setting aside the impugned award dated 05- 2006 passed in I.D.No.226 of 2002 on the file of Labour Court, Guntur as other order or orders in the interest of RC,J W.P.No.24285 of 2007 2 IA NO: 1 OF 2007(WPMP 31642 OF 2007 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 stay theoperation in pursuance of impugned award dated 05-06-2006 passed in I.D.No.226 of 2002 on the file of Labour Court, Gunturpending disposal of this Writ Petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. C PRAKASH REDDY(SC FOR APSRTC) Counsel for the Respondent(S): 1. GP FOR LABOUR The Court made the following: ORDER Assailing the award dated 05.06.2006 passed by the Labour Court at Guntur in I.D.No.226 of 2002 whereby and whereunder the punishment of deferment of annual increments for a period of two years with cumulative effect is modified to deferment of annual increments for a period of two years without cumulative effect, the APSRTC filed this Writ Petition. 2. The facts, in brief, that led to filing of this writ petition are that respondent no.1 was appointed as conductor on daily wage basis and on 22.06.2000 while conducting the bus she was found to have committed certain cash and ticket irregularities i.e. though took money from a passenger, RC,J W.P.No.24285 of 2007 3 she did not issue any ticket. Thereupon, after giving full and fair opportunity and conducting domestic enquiry, she was removed from service vide proceedings dated 29.11.2000. The appeal preferred by her was allowed and she was reinstated while imposing punishment of deferment of annual increments for a period of two (02) years with cumulative effect and treating the period of removal as not on duty. Assailing the same, she preferred review and the same was rejected vide proceedings dated 27.08.2001 and ultimately she filed an application before the Government and the same has been referred to Labour Court, Guntur. The Labour Court, without considering the material and appreciating the evidence on record, passed impugned award modifying the punishment from ‘with cumulative effect’ to ‘without cumulative effect’. Hence, the writ petition. 3. Heard Sri Tarlada Vinod Kumar, learned Standing Counsel for APSRTC. Despite service of notice, respondent no.1 did not choose to enter appearance. 4. Sri Tarlada Vinod Kumar, learned Standing counsel, while reiterating the contents of the writ affidavit would contend that respondent no.1 while conducting the bus though collected money did not issue ticket to a passenger, which amounts to theft of public money and violation of RC,J W.P.No.24285 of 2007 4 corporation’s right to revenue and thus the irregularity committed by the petitioner is a grave misconduct and therefore, the punishment imposed of deferment of annual increment for a period of two (02) years with cumulative effect is reasonable and proportionate to the irregularity committed. However, the Labour Court, without considering the facts and circumstances of the case in proper perspective, erroneously modified the punishment of deferment of annual increments without cumulative effect. Therefore, the order impugned is liable to be set aside. Accordingly, prayed to allow the writ petition. 5. Perused the material available on record and considered the submissions made by learned Standing Counsel. 6. The irregularity committed by respondent no.1 is that while conducting RTC bus, she, though collected Rs.10/- from a passenger at the boarding point itself, did not issue ticket. 7. Through the impugned orders, the Labour Court modified the orders passed by the Deputy Chief Traffic Manager, Eluru, thereby the deferment of annual increment for a period of two years with cumulative effect was modified to ‘without cumulative effect’, considering the gravity of the charges. RC,J W.P.No.24285 of 2007 5 8. Considering the nature of the offence, the order passed by the Labour Court does not require any interference. The writ petition being meritless deserves dismissal. 9. Accordingly, the writ petition is dismissed. There shall be no order as to costs. The interim order dated 16.11.2007 shall stand vacated. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR