THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.477 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
19.11.2018 passed by the learned Single Judge in W.P.No.5704 of
2010.
The undisputed facts of the case reveal that Sri B. Yadaiah,
respondent No.1 in the present writ appeal, who was serving as a
Conductor in the services of the APSRTC (now known as 'TSRTC'), was subjected to departmental enquiry on account of cash and ticket irregularities and after conducting departmental enquiry, an order of removal was passed on 08.01.2005. He preferred an appeal which was dismissed. Thereafter, he preferred a review and the same was also dismissed. The employee in question later on preferred a petition i.e., I.D.No.198 of 2005 under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short 'the Act') and an award was passed by the Labour Court on 30.04.2009, setting aside the order of removal and directing his reinstatement with continuity of service along with 50% back wages. The Corporation, being aggrieved in the matter, has preferred a writ petition and the learned Single Judge, after going through the departmental enquiry record and after going through the award, has arrived at a conclusion that the Labour Court has rightly exercised powers under Section 11-A of the Act and has dismissed the writ petition. Thereafter, the Corporation has preferred the present writ appeal and during the pendency of the writ appeal, the employee has expired and his legal representative has been brought on record. 2
This Court has carefully gone through the award passed by the Labour Court. As there was a mechanical breakdown in the bus, some of the passengers got down from the bus and at that point of time, the employee could not issue the tickets. The reasoning assigned by the Labour Court is just and proper and the Labour Court has rightly interfered with the punishment order.
In the considered opinion of this court, this court does not find any reason to interfere with the award passed by the Labour Court nor with the order passed by the learned Single Judge, especially when the employee is no longer alive.
The writ appeal is accordingly dismissed.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ _______________________ N. TUKARAMJI, J 16.12.2021 JSU