THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.300 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
06.09.2018 passed by the learned Single Judge in W.P.No.17486 of
2005.
The undisputed facts of the case reveal that the
respondent/workman in question was appointed in the
Corporation in 1986 and on 05.04.1998, the bus was checked by the checking officials. Prima facie, it was found that there were nine persons without tickets. The facts of the case also reveal that the officers, who conducted the surprise check, were in drunken condition at the time the check was carried out. However, in spite of the aforesaid, a charge sheet was issued and thereafter, the enquiry officer has held the respondent/workman guilty. An order of removal from service was passed on 15.09.1998. An appeal was also preferred and the same was also dismissed. The respondent/workman approached the Industrial Tribunal, under Section 11-A of the Industrial Disputes Act, without disputing the domestic enquiry and the Tribunal passed an award dated 25.01.2002 disposing of the petition and affirming the order of removal against which a writ petition was preferred i.e., W.P.No.13919 of 2002 and this court has remanded the matter back to the Tribunal to re-consider it afresh in accordance with law. The Tribunal has, thereafter, considered the matter afresh in accordance with law. Some of the witnesses, who were examined, 2 have categorically stated that the checking officers were in drunken condition. The Tribunal, after appreciation of evidence, had arrived at a conclusion that the respondent/workman in question has not committed misconduct and in those circumstances, reinstatement was ordered with continuity of service and full backwages but without attendant benefits. The award passed by the Tribunal dated 04.05.2004 was again challenged by the employer before this court and the learned Single Judge has dismissed the writ petition.
This court has also carefully gone through the award passed by the Tribunal as well as the order passed by the learned Single Judge. The employer was not able to establish the misconduct before the Tribunal and even the evidence came on record that the checking officers, who have checked the respondent/workman, were in drunken state. This court, in keeping in view the totality of circumstances of the case, does not find any reason to interfere with the order passed by the learned Single Judge as well as the award passed by the Tribunal.
The writ appeal is accordingly dismissed.
Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 19.11.2021 JSU