Andhra Pradesh High Court - Amravati
K.V. Swamy, vs Managing Director, Apsrtc, ... on 10 September, 2024
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
TUESDAY ,THE TENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE G.NARENDAR
AND
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT APPEAL NO: 425 OF 2009 ^
Writ AppesI und6r claus© 15 of the Letters Patent against the order dt. 28-1-
2009 in WP No. 24702 of 1999 on the file of the High Court. _
Between:
Sri K.V. Swamy, S/o. Saheb, APSRTC, Gajuwaka Depot, R/o.
Sarvasiddi (P), S. Rayavaram (M), Visakhapatnam.
...APPELLANT
AND
1. Managing Director, APSRTC, Musheerabad, Hyderabad.
2. Depot Manager, APSRTC, Anakapalli Depot, Hyderabad.
3. Chairman, Industrial Tribunal-cum-Labour Court, Visakhapatnam.
...RESPONDENTS _
I.A. NO: 1 OF 2009fWAMP. NO: 889 OF 2009) ^
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the respondent corporation herein to re-fix the pay of the
petitioner by adding notional increments for the out of employment period
forthwith pending disposal of the writ appeal.
Counsel for the Appellant(s): SRI. S M SUBHAN -
Counsel for the Respondents: GP FOR LABOUR "
Counsel for the Respondent Nos.1 & 2: VINOD KUMAR TARLADA (^C
FOR APSRTC)
Counsel for the Respondent No.3: GP FOR LABOUR
The Court made the following: ORDER
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APHC010389732009
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3487]
THURSDAY. THE TWENTY NINETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE G.NARENDAR
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT APPEAL NO: 425/2009
Between:
K.V. Swamy ...APPELLANT
AND
Managing Director, A.P.S.R.T.C., and Others ...RESPONDENT{S)
Counsel for the Appellant:
1.S M SUBHAN
Counsel for the Respondent(S):
1.GP FOR LABOUR
2.VINOD KUMAR TARLADA (SC FOR APSRTC)
The Court made the following:
HONOURABLE SRI JUSTICE G. NARENDAR
AND
HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA
WRIT APPEAL No.425 of 2009
JUDGMENT:
(per Hon'ble Sri Justice G. Narendar)
Heard Sri S.M. Subhan, learned counsel for the appellant, and
Sri Vinod Kumar Tarlada, learned Standing Counsel for the
respondent-corporation.
2. The appellant is before this Court, by way of this intra-court
appeal, being aggrieved by the order dated 28.01.2009 rendered by
the learned single Judge in W.P.No.24702 of 1999, whereby the
learned single Judge was pleased to set aside the Award dated
11.12.1998 passed by the Industrial Tribunal-cum-Labour Court,
Visakhapatnam, in I.D.No.198 of 1992, to the extent it granted 50%
of backwages for the period during which the appellant was out of
employment i.e., from the date of his removal from service till the
date of his reinstatement.
3. The charges alleged against the appellant are that he had
punch the tickets issued to 13 passengers and account
for
failed to
the said 13 tickets in the SR even upto Stage No.12 and thereby, he
had failed to abide by the guidelines issued to the Conductors to be
observed during the discharge of their duties. In the above
GN,J & KM,J
background and having considered the evidence available on record,
the learned single Judge has been pleased to set aside the award of
50% of backwages granted by the Tribunal.
4.
In the above facts and circumstances, the point that arises for
consideration is whether the order of the learned single Judge is
unsustainable and not in accordance with law?
5. We have bestowed our attention to the order under appeal in
detail. The learned single Judge, after appreciating the facts and
circumstances, has clearly observed that the first charge alleged
against the appellant constitutes a misconduct within the meaning of
Regulation 3, 28(xi)(c)(x) of the APSRTC Employees (Conduct)
Regulations, 1963. The learned single Judge has refused to accept
the excuse/defence set out by the appellant that the omission was
on account of his ill-health. The learned single Judge found that the
tickets that were issued to 13 passengers, who boarded the bus at
Yelamanchili and were about to alight at S.Rayavaram, were only
not punched and it is not the case that the tickets issued to other
passengers were also not punched in view of the appellant's ill-
health. The number of passengers is also of some significance. The
learned single Judge has also observed that the alleged act would
certainly reflect an undesirable conduct and would indicate the
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GN,J & KM,J
mindset of the employee to misappropriate the amounts of the
Corporation.
6. Having considered the matter in its entirety, the learned single
Judge has deemed it appropriate to deny only the backwages and
not the other benefits granted by the Tribunal. We do not find any
good ground which warrants interference with the discretion
exercised by the learned single Judge. The discretion exercised
being supported by cogent reasons, the writ appeal, in our
considered opinion, is wholly unsustainable and misconceived.
7. Accordingly, the writ appeal stands dismissed. As a sequel,
pending interlocutory applications, if any, shall stand closed. There
shall be no order as to costs.
//TRUE COPY// Sd/- M.RAWIESH BABU
deputy registrar
To, SECTION OFFICER
1. One CC to Sri. S M Subhan, Advocate [OPUC] -
2. TwoCCsto GP For Labour .High Court Of Andhra Pradesh. [OUT]
3. One CC to Sri. Vinod Kumar Tarlada (SC FOR APSRTC) Advocate '
[OPUC]
4. THREE CD Copies
AL
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HIGH COURT
DATED:10/09/2024
ORDER
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5 2 6 SFP 202^ J W;
£,/
DISMISSING THE WA WITHOUT COSTS
