APSRTC challenged a Labour Court award reinstating a dismissed driver with back wages and continuity of service. The High Court found the Labour Court's reasoning detailed and well considered, declined to interfere, and dismissed the writ petition without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
THURSDAY. THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
HON’BLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 29954 OF 2012
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ orderordirectionmore particularly one in the form of Writ Of Certiorari
b) consequently declare that the 2nd respondent isnotentitledforany back wages and continuity of service as the 2nd respondenthas committed misconduct.
l A. NO: 4 OF 2012(WPMP. NO: 38226 OF 2012)
in the '■V-r Petition under Section 151 CPC is filed praying that H pifjbmstances stated in the affidavit filed in supportofthepetition,theHigh Court may be pleased to suspend the award passed bytheHon'bleLabour Court in I.D.No. 80 of 2006 dated 27.06.2011.
Counsel for the Petitioners: SRI K SATYANARAYAN MURTHY (SC FOR APSRTC)
Counsel for the Respondent No.1: GP FOR LABOUR
Counsel for the Respondent No.2: ----
The Court made the following: ORDER
APHC010214482012
APHC010214482012 IN THE HIGH COURT OF ANDHRA m\s\ PRADESH [3457] AT AMARAVATI (Special Original Jurisdiction)
THURSDAY ,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 29954/2012
Between:
...PETITIONER(S) The Depot Manager, Apsrtc, W.g. District & Another and Others
AND
...RESPONDENT(S) Presiding Officer Honble Labour Court Guntur Dist Anr and Others
Counsel for the Petitloner{S);
1 .K SATYANARAYAN MURTHY(SC FOR APSRTC)
Counsel for the Respondent(S):
1.GP FOR LABOUR
The Court made the following Order:
challenging the Award dated The petitioners are 27.06.2011 passed by the Labour Court, Guntur, in IDNo.80of 2006.
nd 2. The 2 respondent, while working as a Driver, is charged with guilty of misconduct on 17.10.2005, whereby itisallegedthat nd the 2 respondent caused inconvenience to one passenger by making him sit in the attender seat instead of thereservedseatof the said passenger. It is also alleged that the 2^'respondentsold the seat to some other passenger. An enquiry was causedand the disciplinary authority imposed the punishment ofremovalfrom service vide proceedings dated 08.03.2006. The 2"^respondent filed ID No.80 of 2006 before the Labour Court andtheLabour Court has gone into the issue in totality and held that the punishment of removal from service was disproportionate and that the allegation against the 2'^'^ respondent wasnotproved.As nd such, the Labour Court directed reinstatement of the 2 respondent together with continuity of service, backwagesandall attendant benefits. In pursuance of the order passedby the Labour Court, the 2""^ respondent was reinstated intoservice.
dated 25.09.2012 granted interim 3. This Court vide order relief of continuity of service, suspension of the Award in so far as and all attendant benefits. back wages
in which the Award is the detailed manner in 5. Considering is required in the present writ further interference is passed, no petition.
is dismissed. There Accordingly, the present Writ Petition ,s
‘14
miscellaneous petitions, if any, pending shall As a sequel
stand closed.
SD/- B CHITTI JOSEPH ASSISTANIf REGI^AR //TRUE COPY// SEC OFFICER
To,
TF
HIGH COURT
DATED:26/12/2024
ORDER
WP.No.29954 of 2012
^ %
X 0 5 MAK 2025 g
^ . Curreni decxion ^ ^
DISMISSING THE W.P., WITHOUT COSTS
1 issue framed by the court
Whether the Labour Court's award reinstating a driver removed for alleged misconduct was liable to be interfered with under Article 226.
1 provisions across 1 enactments
The Depot Manager, APSRTC, Tadepalligudem Depot
The Regional Manager, APSRTC, West Godavari Region, Eluru
The Hon'ble Labour Court, Guntur (Rep by its Presiding Officer)
Bandi Papa Rao
Harinath.N
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
