The Regional Manager Telangana ... vs Sri B.Yadaiah Died Per Lrs As R 3
2021 Latest Caselaw 4387 Tel

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

                                 W.A.No.477 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.5704 of

2010.

        The undisputed facts of the case reveal that Sri B. Yadaiah,

respondent No.1 in the present writ appeal, who was serving as a

Conductor in the services of the APSRTC (now known as 'TSRTC'),

was subjected to departmental enquiry on account of cash and

ticket irregularities and after conducting departmental enquiry, an

order of removal was passed on 08.01.2005. He preferred an

appeal which was dismissed. Thereafter, he preferred a review and

the same was also dismissed. The employee in question later on

preferred a petition i.e., I.D.No.198 of 2005 under Section 2-A(2) of

the Industrial Disputes Act, 1947 (for short 'the Act') and an award

was passed by the Labour Court on 30.04.2009, setting aside the

order of removal and directing his reinstatement with continuity of

service along with 50% back wages. The Corporation, being

aggrieved in the matter, has preferred a writ petition and the

learned Single Judge, after going through the departmental

enquiry record and after going through the award, has arrived at a

conclusion that the Labour Court has rightly exercised powers

under Section 11-A of the Act and has dismissed the writ petition.

Thereafter, the Corporation has preferred the present writ appeal

and during the pendency of the writ appeal, the employee has

expired and his legal representative has been brought on record.

This Court has carefully gone through the award passed by

the Labour Court. As there was a mechanical breakdown in the

bus, some of the passengers got down from the bus and at that

point of time, the employee could not issue the tickets. The

reasoning assigned by the Labour Court is just and proper and the

Labour Court has rightly interfered with the punishment order.

In the considered opinion of this court, this court does not

find any reason to interfere with the award passed by the Labour

Court nor with the order passed by the learned Single Judge,

especially when the employee is no longer alive.

The writ appeal is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

_______________________ N. TUKARAMJI, J 16.12.2021 JSU