IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdicticn) FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12730 OF 2018 Between: The Depot. Manager, Andhra Pradesh State Road Transport Corporation Pulivendula. Kadapa District. ...PETITIONER AND 1. The Depot. Secretary, Andhra Pradesh State Road Transport Corporation National Mazdoor Union, Represented on behalf of Sri D. Ramakrishna Reddy, E. No. 410853, Driver, Pulivendula Depot. Kadapa District. 2. The Industrial Tribunal - Cum - Labour Court, Anantapuramu, Anantapuramu District ...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 calling for records relating to the award made in I.D.No. 85 of 2013, dated 17.03.2015 on the file of the Industrial Tribunal Cum - Labour Court, Anantapuramu, which was published in the gazette vide G.O.Rt.No. 322, dated 09.06.2015 illegal '" arbitrary and quash the same. IA NO: 1 OF 2018 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 suspend the operation of the award dated 17.03.2015 made in I.D.No. 85 of 2013 on the file of Industrial Tribunal - Cum - Labour Court, Ananthapuramu pending disposal of the Writ Petition. Counsel for the Petitioner: SRI. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent No.1: SRI CHALLA SIVASANKAR Counsel for the Respondent No.2: GP FOR LABOUR The Court made the following Order: APHC010283692018 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. 12730 of 2018 Between: The Depot Manager ...PETITIONER AND The Depot Secretary and Others Counsel for the Petitioner: l.ARAVALA RAMA RA0(SC FOR APSRTC KKAC) Counsel for the Respondent(S): l.GP FOR LABOUR (AP) 2.CHALLA SIVASANKAR ...RESPONDENT(S) The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: "... 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.85 of 2013 dated 17.03.2015 on the file of the Industrial Tribunal-Cum-Labour Court, Anantapuramu, which was published in the gazette vide' G.O.Rt.No.322 dated 09.06.2015 as illegal, arbitrary and quash the same." 2. Brief facts of the case are as follows: i) Writ Petitioner is the APSRTC represented by its Depot Manager, Pulivendula, Kadapa District. Respondent No.l is the Driver in Pulivendula Depot and he is the Depot Secretary, APSRTC, National Mazdoor Union. ' ^ 2 ii) Initially Respondent No.l was appointed as a causal driver on 13.09.1996 and subsequently, his services iii) On 29.07.2009 Respondent No.l caused an ongoing TVS-50 vehicle, which was being ridden by three those three persons, one person namely, Smt.Aruna were regularised w.e.f.01.04.1997. a fatal accident by dashing persons and out of succumbed to injuries and other two persons sustained injuries. Neither the Driver nor the Conductor of the bus come forward to provide first aid to them and shift the injured to the hospital. Prima facie material was found against the respondent No.l.He suspended from duty. was iv) In the domestic enquiry, the charges were proved against the rQcpnnHonf Mn 1 A ..,,^4.: , . ^Ciuoc nuu^c vvdb ibbueo to respondent No.l followed by final order vide Proceedings dated 26.05.2010 and thereby awarded of reduction of the basic pay of the workman by two incremental penalty stages for a period of two years with cumulative effect besides treating the suspension period as not on duty for the purpose of leave and increments, v) Questioning the said order dated 26.05.2010, preferred an appeal before the Deputy Chief Traffic Manager, Kadapa and the same was rejected K/r/e Proceedings dated 27.11.2010. The review petition filed before the Regional Manager, Kadapa was also rejected vide Proceedings dated 07.01.2013. respondent No.l vi) Respondent No.l carried matter before the Labour Court videVd No.85 of 2013 on the file of the Chairperson-cum-Presiding Officer, Industrial Tribunal- cum-Labour Court, Anantapuramu. Learned Presiding Officer allowed the plea of 3 the respondent No.l vide Award dated 17.03.2015 restored the basic pay of respondent No.l and reduced to two incrennental stages to its original state and treated the suspension period as on duty for the purpose of leave and increments. Challenging the Award of the Labour Court dated 17.03.2015, the present Writ Petition has been filed by the Petitioner/APSRTC. 3. Heard Sri Aravala Rama Rao, learned Standing Counsel for the Petitioner/APSRTC and Sri Challa Siva Sankar, learned counsel for respondent No.l and learned Government Pleader for Labour appearing for respondent No.2. Perused the material on record. 4. Learned Standing Counsel for the Petitioner/APSRTC would submit that the Award of the Labour Court is erroneous, illegal, arbitrary and contrary to law. Further, respondent No.l being the Driver of the Bus on the date of accident caused death of one woman and caused injuries to two other persons, who came on a two wheeler. Further, in the domestic enquiry, the charges levelled against respondent No.l held proved. The appeal and the review preferred by respondent No.l were rejected and the authorities confirmed the punishment imposed by the disciplinary authority. Learned Standing Counsel would further submit that the punishment awarded to the respondent No.l is justified and there are no grounds to interfere with the reasoned order by the Labour Court. Respondent No.l was censured on two occasions, his annual increments deferred on one occasion and amounts were recovered from his salary and on another occasion, he was suspended from his service. Therefore, he is bereft of any clean record of service. Learned Standing Counsel would submit that the 4 there must be some punishment to the wrong doer. Labour Court without appreciating the facts of the case and the evidence on record, allowed the ID in totto and set aside the punishment awarded by APSRTC authorities. Accordingly, prays to allow the writ petition by setting aside the impugned award of the labour court. 5. On the other hand, learned counsel for respondent No.l would submit that the Labour Court rightly appreciated the material on record and allowed the ID and there are no grounds warranting interference of this Court under writ jurisdiction. Learned counsel prays for dismissal of the Writ Petition. . 6. Considering the submissions and on perusal of the material on record. Award impugned. Learned Presiding Officer observed that CC No.237 of 2009 on the file of the Court of Judicial Magistrate of First Class, Pulivendula, was lodged against the respondent No.l for commission of the present accident, wherein. Learned Magistrate clearly observed that P.W. 1/husband of the deceased-Aruna, in his cross examination clearly stated that he cannot say due to whose negligence the accident occurred, and that the bus was passing on the road in a normal speed and he cannot say whether he fell on the ground after the bus hit him or even prior to that. Further, none of the prosecution witnesses deposed that the driver of the bus drove the a rash and negligent manner. In view of the same. Learned Magistrate came to the conclusion that the charges levelled against the respondent No.l lack proof. Basing on the said findings. Learned Presiding Officer came to the conclusion as can be seen from the same in 5 that revocation of punishment imposed on the respondent No.l is justified and accordingly, set aside the award of punishment. 7. As can be seen from the above, nothing is deposed against the petitioner relating to rash and negligent act which resulted in death of one woman and injuries to the other two persons. The fact remains that a criminal has been lodged against the Driver/respondent No.l. Admittedly, Respondent No.l is the Driver at the time of accident. While he was driving the bus, the alleged accident was occurred. As rightly put by learned Standing Counsel, though the prosecution failed to prove the guilt of the driver(respondent No.l) that the accident occurred due to his rash and negligent act, in the departmental enquiry, the authorities found him guilty for the charges framed against him. 8. Taking into consideration the totality of the circumstances, since respondent No.l being the Driver of the bus caused death of one woman and injuries to two other persons would meet the ends of justice, some punishment should be awarded to the respondent No.l. It is apposite to modify the punishment of reduction of two annual grade increments with cumulative effect to that reduction of two annual grade increments without cumulative effect. 9. With the above observations, the Writ Petition is disposed of. No order case as to costs. Sd/- K KASIRAO ACHARI assistant registrar SECTION OFFICER Pending applications, if any, shall stand closed //TRUE COPY// To, 1 The Depot. Secretary, Andhra Pradesh State Road Transport corporation National Mazdoor Union, Represented on behalf of Sn D. Ramakrishna Reddy, E. No. 410853, Driver, Pulivendula Depot. Kadapa 2. The Industrial Tribunal - Cum - Labour Court, Anantapuramu Anantapuramu District 3. One CC to SRI. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Advocate [OPUC] 4. One CC to SRI. CHALLA SIVASANKAR Advocate [OPUC] 5. Two CCs to GP for Labour, High Court of Andhra Pradesh.[OUT] 6. Three CD Copies vna HIGH COURT DATED:21/03/2025 ORDER ^^ofanos^ WP.No.12730 of 2018 ^ 15 JttL m -n, ^ , Current Section ^ I DISPOSING OF THE WRIT PETITION WITHOUT COSTS