The Depot Manager vs B. Venkateshwarlu
2021 Latest Caselaw 4383 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                      AND
           THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.364 of 2019

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


      The present writ appeal is arising out of order dated

12.09.2018 passed in W.P.No.7648 of 2003 by the learned

Single Judge by which the learned Single Judge has allowed

the Writ Petition directing reinstatement of the workman as a

fresh appointee.

      The undisputed facts of the case reveal that the

respondent/employee was appointed as a Driver for the

services of APSRTC in the year 1995 and while he was on

duty on 01.10.1999, the bus, which was driven by him, met

with an accident resulting in death of a girl and therefore, a

charge sheet was issued on 30.10.1999. The Enquiry Officer

conducted an enquiry and submitted a report on 10.01.2000

and an order of removal was passed on 28.01.2000. Against

which, an appeal was preferred and the same was rejected on

07.08.2000 and the review petition was also rejected on

04.01.2001 and thereafter the respondent/employee preferred

a petition before the Labour Court and it was registered as ID

No.78 of 2001 and the same was dismissed on 31.12.2002. A

writ petition was preferred before this Court and a ground

was raised that the punishment was shockingly

disproportionate to the guilt of the employee. There was no

intention on the part of the employee to cause the accident,

which resulted in death of a girl and, in fact, the girl came

running from the side of the bus and met with an accident. It

was also argued that the Labour Court should have interfered

with the quantum of punishment in exercise of power

conferred under Section 11-A of the Industrial Disputes Act,

1947. The learned Single Judge after scanning the entire

evidence by applying the theory of proportionality has

moderated the punishment by directing the Corporation to

appoint the employee as a fresh Driver and his entire past

service has been forfeited. The accident took place because

the girl came running from the side of the bus and caught

under the rear wheel of the bus and it is not a case where the

Driver has dashed the girl from front portion of the bus and

therefore, the learned Single Judge was justified in directing

reinstatement of the employee without any benefit. Meaning

thereby, directing a fresh appointment of Driver. This Court

does not find any reason to interfere with the order passed by

the learned Single Judge.

Accordingly, the Writ Appeal is dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 16.12.2021 ES