APHC010378452012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34819/2012 Between: The Regional Manager, Apsrtc, ...PETITIONER AND The Regional Secretary ...RESPONDENT Counsel for the Petitioner: 1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondent: None appeared The Court made the following 2 WP.No.34819 of 2012 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34819/2012 ORDER : 1. The petitioner is challenging the award passed by the Industrial Tribunal – Cum – Labour Court, Anantapur in ID.No.12 of 2009, whereby the Labour Court set aside the punishment of deferment of two annual increments for a period of two years with cumulative effect and directed to release the deferred increments without any punishment on notional basis from 18.04.2007. 2. The learned counsel for the petitioner submits that the respondent was absent from duties 20.05.2006 to 09.08.2006 unauthorizedly. It is also submitted that the respondent also failed to submit medical certificate to substantiate his claim of ill-health. The unauthorized absence was viewed seriously and an enquiry was conducted. The disciplinary authority initially imposed punishment of removal from service vide proceedings dated 30.10.2006. The appeal preferred by the respondent was dismissed on 17.02.2007 and the review authority has modified the punishment vide proceedings dated 18.04.2007 and directed reinstatement of the respondent 3 WP.No.34819 of 2012 herein, however, imposed the punishment of deferment of two annual increments for a period of two years with cumulative effect. Aggrieved by the same, the respondent filed ID.No.12 of 2009 before the Labour Court, Ananthapur. 3. The Labour Court has considered the submissions of the petitioner and the respondents and came to a conclusion that the punishment imposed was disproportionate and set aside the punishment imposed and directed to release of the annual increments without any punishment on notional basis from 18.04.2007. 4. The learned counsel for the petitioner submits that the Labour Court has not give any finding on merits and simply set aside the punishment imposed by the revisional authority and no counter is filed. 5. As seen from the award, it is evident that the Labour Court has not considered the fact that the petitioner therein is not submitted any medical certificates to substantiate his cause on unauthorized absentism and in absence of any medical certificate the period of absence of the respondent herein has to be considered as unauthorized absence which 4 WP.No.34819 of 2012 constitutes misconduct. This Court finds that the award passed by the Labour Court is not well considered and deserves to be set aside. The punishment imposed by the revisional authority imposing the punishment of two increments for a period of two years having effect of future increment stands restored. Accordingly, the writ petition is allowed. No costs. Pending miscellaneous petitions, if any, shall stand closed. _____________________ JUSTICE HARINATH.N KGM 5 WP.No.34819 of 2012 516 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.34819 of 2012 Date: 19.02.2025 KGM