Partly allowed

K. Kadirappa, v. The Chairman-cum-Presiding Officer

Andhra Pradesh HC22 Aug 2024WP/16826/2013

Case brief

AI extract

What is this about?

Driver dismissed for unauthorized absence challenged the Labour Court award reinstating him but denying back wages and deferring two annual increments with cumulative effect. The High Court upheld reinstatement and denial of back wages, but modified the increments punishment to deferment without cumulative effect, holding such major punishment could not be imposed without enquiry.

What did the court decide?

Award modified: deferment of two annual increments ordered without cumulative effect; no order as to costs.

K. Kadirappa, Vs The Chairman-cum-Presi… — Labour and Industrial Disputes | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 16826 OF 2013

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Between:

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K. Kadirappa, S/o K. Vasanthappa Nayanavaru, Aged about^45years,Occ: Driver E.No. 550873, R/o4-318/3A, Balaji Nagar, Girimspet,^{ChitoorDistrict.}

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...Petitioner

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AND

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The Chairman-cum-Presiding Officer, Industrial Tribunal-cum-L^abour Court, Ananthapur.

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The Depot Manager, APSRTC, Chittoor-2 Depot, Chittoor^District.

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Petition under Article 226 of the Constitution of India^{prayingthatin} the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be pleased to issue a writ, order or direction more^{particularlyoneinthe} nature of Writ of certiorari call for the records in^{I.D.No.133of2007onthe} file of Hon'ble Chairman-cum-Presiding Officer, Industrial Tribunal-cumLabour Court, Ananthapur wide I.D. No. 133 of 2007^{dated03.01.2011and} set aside the same in so far denying the back wages^{anddefermentof} annual increments for a period of two year with cumulative^{effectaswholly}

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illegal, arbitrary and unjust and consequently direct^{therespondentstopay} back wages and add back the two annual increments with cumulative effect to petitioner salary

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LA. NO: 1 OF 2013(WPMP.NO: 20413 OF 2013)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to fix an early date, pending disposal of writ^{petitionandpass.}

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Counsel for the Petitioner: SRI. Y SUBBA RAO

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Counsel for the Respondents: GP FOR LABOUR

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Counsel for the Respondents: ARAVALA RAMA RAO(SC FOR^APSRTC KKAC)

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The Court made the following: ORDER

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[3457]

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APHC010569282013

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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FRIDAY, THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 16826/2013

Between:

K. Kadirappa

...PETITIONER

AND

The Chairmancumpresiding Officer and Others

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...RESPONDENT(S)

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Counsel for the Petitioner;

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1.YSUBBA RAO

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Counsel for the Respondent(S):

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1.GP FOR LABOUR

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2.ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

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The Court made the following;

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ORDER:

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This Writ Petition is filed challenging the punishment^{ofdefermentof} two annual increments with cumulative effect passed^{inI.D.No. 133of2007.}

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Learned counsel for the petitioner submits that the^{awardofthelabour} Court passed in l.D.No.133 of 2007 reinstating the^{petitionerintoservicesat} the same time imposing the punishment of deferment of two annual increments with cumulative effect is under challenge.

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Learned counsel for the petitioner submits that the^{petitionerwhile} working as a driver was charged with the misconduct^and unauthorized absence and that the medical certificate submitted by the petitioner was not considered.

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As seen from the award passed by the Tribunal, it is^{evidentthatthe} Tribunal has rightly set aside the punishment imposed^{bythedisciplinary} authority removing the petitioner from the services^{forhavingabsentedhimself} unauthorizedly.

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The Tribunal has also recorded that the petitioner^sufferedfrom the kidney stones which resulted severe pain in the stomach. Sick certificate submitted by the petitioner was not appropriately considered by the disciplinary authority. Having held that the punishment^{isdisproportionateto} the charges framed, the Tribunal has rightly set aside^{theorderoftermination} and directed the reinstatement of the petitioner. 6. This Court finds that the award of the Tribunal to the extent of directing the reinstatement and denying back wages is just and reasonable. At the same time, the Tribunal has directed the deferment^{oftwoannualincrements} with cumulative effect, which is a major punishment that could not have imposed without conducting proper and detailed enquiry.^As held by the Hon’ble Supreme Court in the case of Kulwanth Singh^{vs.StateofPunjab^} imposing such punishment without enquiry was held to^beillegal.

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^1990SUPL1 SCR pg426 --

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Considering the same, this Court is inclined to^{modifytheawardtothe}

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extent of deferment of annual increments for a period^{oftwoyearswithout}

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cumulative effect.

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Accordingly, this Writ Petition is partly allowed.^{Thereshallbenoorder} as to costs.

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As a sequel, miscellaneous petitions pending, if any, sha|l-§^and closed.

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//TRUE COPY//

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Sd/- J SAROJA assistant registrar /^SE^ON OFFICER

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Presiding Officer, Industrial Tribunal-cum-Labour

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1 The Chairman-cum-i Court, Ananthapur.

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APSRTC, Chittoor-2 Depot, Chittoor District.

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1. The Depot Manager

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OneCCto SRI Y SUBBA RAO Advocate [OPUC]

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LABOUR .High Court Of Andhra Pradesh. [OUT]

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1. Two CCs to GP FOR 5 One CC to SRI ARAVALA RAMA RAO (SC FOR APSRTC

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KKAC) Advocate [OPUC]

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Three CD Copies

VSN

HIGH COURT

HN,J

DATED:23/08/2024

ORDER

WP.No.16826of 2013

ALLOWING THE WP WITHOUT COSTS

K. Kadirappa, v. The Chairman-cum-Presiding Officer

Case brief

What is this about?

What did the court decide?

K. Kadirappa, v. The Chairman-cum-Presiding Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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