THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
Writ Appeal No.383 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 16.11.2018 passed by the learned Single Judge in
W.P.No.7400 of 2002.
The facts of the case reveal that the
respondent/employee, who was serving as a Driver in the
Andhra Pradesh State Road Transport Corporation (now Telangana State Road Transport Corporation), was subjected to disciplinary proceedings on account of an accident which took place on 25.12.1997. The matter was probed into by the Chief Inspector, Musheerabad Depot, and he filed a preliminary report holding that the Driver as well as the cyclist were equally responsible for the accident. A domestic enquiry took place in the matter and thereafter, an order of removal was passed on 10.08.1998. The employee in question approached the Labour Court under Section 2-A(2) of the Industrial Disputes Act, 1947, and the Labour Court has set aside the order of removal and directed reinstatement of the employee with all consequential benefits. Challenging 2 the same, the writ petition was preferred and the same was also dismissed.
The Award of the Labour Court is on record and the same reveals that there is a categorical finding arrived at by the Labour Court that the employee was not at fault in the matter. There is a finding arrived at by the Labour Court based on appreciation of evidence that there was a fault on the part of the cyclist and the Labour Court has gone to the extent stating that the charges are not proved based upon the evidence.
Keeping in view the evidence on record and the findings arrived at by the Labour Court, this Court is of the considered opinion that the learned Single Judge was justified in dismissing the writ petition. The Award was passed by the Labour Court after appreciating the evidence and no illegality or irregularity has been pointed out in respect of the Award passed by the Labour Court. The procedure prescribed under the Industrial Disputes Act was followed by the Labour Court and as the findings in the domestic enquiry were perverse and the employer was not able to prove the charges before the Labour Court, the learned Single Judge has declined to interfere in the matter. This Court does not find any reason to 3 interfere with the order passed by the learned Single Judge.
The writ appeal is accordingly dismissed. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 19.11.2021 vs