THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.476 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.18712 of
2007.
The undisputed facts of the case reveal that the respondent
No.1/workman was appointed in the year 1986 and on account of ticket irregularities, he was chargesheeted. An order of removal was passed on 22.01.2004. The respondent No.1/workman preferred an appeal and a review and both were dismissed by the competent authority. Thereafter, he filed I.D.No.53 of 2005 under Section 2-A(2) of the Industrial Disputes Act, 1947. The Labour Court, after meticulously scanning the entire evidence, has passed an award dated 24.11.2006, setting aside the order of removal and directing reinstatement of the respondent No.1/workman with continuity of service, 25% of back wages and all other attendant benefits. Against the award passed by the Labour Court, the writ petition was preferred and the learned Single Judge, after meticulously scanning the award, has arrived at a conclusion that the Corporation was not able to point out any illegality or irregularity and has dismissed the writ petition.
In the considered opinion of this court, keeping in view the totality of circumstances of the case, keeping in view the misconduct and keeping in view the powers exercised under Section 11-A of the Industrial Disputes Act, this court does not 2 find any reason to interfere with the award passed by the Labour Court and the order passed by the learned Single Judge, as the punishment commensurate to the guilt of the respondent No.1/workman has been awarded and he has been granted only 25% of back wages.
The writ appeal is dismissed.
Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 29.11.2021 JSU