The High Court dismissed the writ appeal preferring by TSRTC against the dismissal of a writ petition. The Court upheld the Single Judge's order upholding the Labour Court award reinstating an employee found guilty of ticket irregularities.
The Writ Appeal No. 457 of 2019 was dismissed 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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE TWENTY THIRD DAY OF NOVEIMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APP EAL NO: 457 0F 2019
writ Appeal under crause '15 of the Letters patent preferred against order dated 24-12-2018 in W.P No. 14286 of 2005 on the file of the High Court.
Between:
The Depot Manager, APSRTC (Now TSRTC) Mancherial Depot, Aditabad District.
AND
.,.APPELLANT/PETITIONER
lA NO: 2 OF 201 I
...RESPONDENTS/RESPONDENTS
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 order dt.24.12.2018 passed in W.p.No.14286 of 2005 pending disposal of the writ appeal
Counsel for the Appellant: SRI A. RAVI BABU
(sc FoR TSRTC)
Counsel for Respondent No. 1: ---
Counsel for Respondent No. 2: Gp FOR LABOUR
The Court made the following: JUDGMENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRASHARMA AND
THE HON'BLESRI JUSTICE A.RAJASHEKDRREDDY
WRIT APPEALNo.457of 2O19
JUD GMENT: lPettheHoft'bLe the Chief JusticeSatish ChaftdraShonla)
The presentvffit appeal isarising out of order dated 24.12.2018passed in W'P'No' 14286 of 2OO5b5' the learnedSingle Judge.
!,
The factsof the casereveal that the respondent/ employee u,as appointeclas a Conductor on28'12'1987' On 31082001' a surprisechecktook place and certainticket irregularitieswere noticed. Afterconducting a departmentalenquirv, punishmentof removalr'vas inflictedon 06 03 2002 'The employeeraisedan industrialdisputeunder the lndustrialDisputesAct '1947 and the Labour Courtwith an award dated 29'07'2004has set asidethe order of removaldirecting the appeilant/ Corporationto reinstate the employeein to service along with 25ok back wages' Being aggrieved bythe award dated 29'07'2004 passedby the Labour Court, a writpetitionwas preferredand as the employeerwas not able to find outany irregularityor iilegality in the award passed by the LabourCourt, the writ petitionhas been drsmissed'
This Court hascarefully gone through the award passed by the LabourCourt. The LabourCourt has meticulousiyanalysed the statementof witnessesThe award reveals that one passenger gave a statementthat he has givenRs 6/- to the Conductor and the Conductr:r didnot issue an1' ticket The employee was found with
2
I
a torn note and his contention is that because the currency given was in a very bad shape, he requested the passenger to give him another note arrd while the bus was going, on account of mechanical failure it stopped at a particuiar place and in those circumstances, the ticket was not issued to the passenger. The Labour Court keeping in vieur the totality of the circumstances of the case has moderated the order of removal, directing reinstatement of the employee. Labour Court under Section 1 1A of the Industrial Disputes Act, 1947 and keeping in view the evidence set aside the punishment and directed reinstatement of the workman along with 25o/o back wages. Therefore, the learned Single Judge was justified in dismissing the writ petition preferred by the employer. This Court also does not find any reason to interfere with the order passed by the learned Single Judge.
Accordingly, the writ appeal is dismissed.
Miscellaneous petitions, if any, shall stand closed. There
shal1 be no order as to costs.
SDi-CH.VENKATESHWARULU
DEPUTY REGISTRAR
//TRUE COPY/' Go
SECTION OFFICER
to'r. ,n" chairman-cum-presiding officer, lndustrial rribunal-cum-Labour court,
Godavarikhani.
MBC
sab
t$.\
.2'
HIGH COURT
DATED: 2311112021
s
/.
x ,..\
.) .l .l il DEC?
JUDGMENT
WA.No.457 of2019
DISMISSINGTHE WRIT APPEAL
WITHOUT COSTS
r/
1 issue framed by the court
Whether the High Court should disturb the Single Judge's dismissal of the writ petition challenging the Labour Court's award reinstating a dismissed employee.
The Depot Manager, APSRTC (Now TSRTC) Mancherial Depot, Aditabad District
Donka Rahaiah
The Chairman-cum-presiding officer, Industrial Tribunal-cum-Labour Court, Godavarikhani
Satish Chandra Sharma
A. Rajasheker Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
