IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14652 OF 2018 Between: 1. The Depot Manager, A.P.S.R.T.C., Rayadurg Depot, Anantapur District. 2. The Divisional Manager, Andhra Pradesh State Road Transport Corporation, Anantapur, Anantapur District. ...Petitioners AND 1. The Regional Secretary, Andhra Pradesh State Road Transport Corporation Employees Union Represented on behalf of Sri M.S. Vali Driver, E. NO. 402115, Anantapur District. 2. The Industrial Tribunal Cum Labour court, Ananthapuramu, Ananthapuramu 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 in the nature of Writ of Certiorari calling for records relating to the award made in I.D.No. 122 of 2014, dated 07.08.2015 on the file of the Industrial Tribunal - Cum -Labour Court, Anantapuramu as illegal arbitrary and quash the same. one lA 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 07.08.2015 made in « / < i: ;;a.D. No. 122 of 2014 on the file of Industrial Tribunal - Cum - Labour Court ^nthapuramu pending disposal of the Writ Petition '’ f i^^Tounsel for the Petitioners: SRI ARAVALA RAMA RAO (SC FOR APSRTC KKAC) Counsel for the Respondents: GP FOR LABOUR The Court made the following order: > t ^ f •X- I •e- 1^ 1 APHC010319262018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14652/2018 Between: ...PETITIONER(S) The Depot Manager, A.p.s.r.t.c., Rayadurg Depot, and Others AND ...RESPONDENT(S) The Regional Secretary and Others Counsel for the Petitioner{S): 1 .ARAVALA RAMA RAO(SC FOR APSRTC KKAC) 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 particuiarly one in the nature of Writ of Certiorari caliing for records relating to the award made in I.D. No.122 of 2014, dated 07.08.2015 on the file of the Industrial Tribunal - Cum - Labour Court, Anantapuramu as illegal, arbitrary and quash the same and pass such other order or orders ” 2 \ Heard Sri Aravala Rama Rao, learned Standing Counsel for APSRTC 2. appearing for the petitioners and learned Government Pleader for Labour appearing for the 2^^ respondent. Notice which was sent to the respondent/workman is returned 3. unserved. I Learned Standing Counsel for APSRTC would submit that the workman 4. While he was discharging the duty on worked as Driver in APSRTC. 08.10.2005, due to his negligence, accident occurred, wherein one person died. After domestic enquiry, he was removed from service on 10.02.2006. In appeal, the appellate authority has modified the sentence into reinstatement by imposing punishment of reduction of two annual increments with cumulative effect. Against which, the petitioner with vast delay, preferred I.D.No.122 of 2014, wherein an award was passed in his favour setting aside the punishment. Aggrieved thereby, the RTC authorities preferred the present petition. Learned Standing Counsel would submit that a crime has been registered against the workman for the offence punishable under Section 304A IPC and the criminal case was ended in acquittal, which does not mean that the workman has not done any misconduct. In domestic enquiry, his guilt is proved. Learned Standing Counsel finally submits that the interference of 3 the Industrial Tribunal in the domestic enquiry is unwarranted. Learned Standing Counsel prays to allow the petition. Considering the submissions made and a fair look at the material 5. placed on record, as rightly observed by the Presiding Officer of the Industrial Tribunal that the workman faced a criminal trial in C.C.No.62 of 2006 which was ended in acquittal. In the light of the fact that there is no incriminating material found against him in the case. That apart, one Harish was examined in a domestic enquiry. He also did not say anything against the workman. In the absence of any material to establish the rash and negligent driving of the workman, the Industrial Tribunal rightly intervened and set aside the punishment. 6. In that view, this Court does not find any reason to interfere in the award passed by the learned Industrial Tribunal in I.D.No.122 of 2014. In the result, the Writ Petition is dismissed. There shall be no order as 7. to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR r ^ //TRUE COPY// SECTION OFFICER To 1. The Industrial Tribunal Cum Labour court, Ananthapuramu, Ananthapuramu District. 2. One CC to Sri Aravala Rama Rao, (SC for APSRTC KKAC) [OPUC] 3. Two CCS to GP for Labour, High Court of Andhra Pradesh. [OUT] 4. Two CD Copies RAM HIGH COURT DATED:24/04/2025 ORDER WP.No.14652 of 2018 Is 21 may 2025 m CO' ^ . Current aecuon . "y DISMISSING THE WP WITHOUT COSTS