The Depot Manager vs G.M.Saleem And Another

Citation : 2021 Latest Caselaw 3670 Tel
Judgement Date : 22 November, 2021

Telangana High Court
The Depot Manager vs G.M.Saleem And Another on 22 November, 2021
Bench: Satish Chandra Sharma, A.Rajasheker Reddy
  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                             AND
          THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

                               W.A.No.553 of 2019

JUDGMENT:      (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



        The present writ appeal has been filed by the Telangana

State Road Transport Corporation being aggrieved by the order

dated    10.12.2018        passed         by      the      learned         Single   Judge   in

W.P.No.16918 of 2002.

        The undisputed facts of the case reveal that on account of

cash and ticket irregularities, an order of removal was passed in

respect of respondent No.1/employee on 26.07.1995 by the

appellant/employer and the same was challenged before the Industrial Tribunal-II, Hyderabad. The order of removal dated 26.07.1995 was set aside by the Tribunal by award dated 04.07.2001 and the Tribunal, in exercise of powers conferred under Section 11-A of the Industrial Disputes Act, 1947, directed reinstatement of respondent No.1/employee with continuity of service, but without back wages and without increments for a period of three years, against which the writ petition was preferred. The writ petitioner/employee was aggrieved by the order inflicting punishment of stoppage of three increments with cumulative effect and the learned Single Judge has moderated the punishment to that of stoppage of three increments without cumulative effect.

Learned counsel for the appellant/employer has argued before this Court that back wages cannot be granted to an employee, who was involved in cash and ticket irregularities. In the order passed by the learned Single Judge, no back wages have 2 been granted. Learned counsel for the appellant/employer has confined his prayer only to the extent back wages have been granted, however the fact remains that no back wages have been granted in the matter.

Resultantly, the order passed by the learned Single Judge is upheld.

With the aforesaid, the writ appeal stands disposed of. Pending miscellaneous applications, if any, shall stand closed.

___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 22.11.2021 JSU