The Telangana State Road ... vs Sri S.A.Nayeem,
2021 Latest Caselaw 3617 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
       THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY



                  Writ Appeal No.383 of 2019


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


     The present writ appeal is arising out of an order

dated 16.11.2018 passed by the learned Single Judge in

W.P.No.7400 of 2002.

     The    facts       of      the      case        reveal        that   the

respondent/employee, who was serving as a Driver in the

Andhra Pradesh State Road Transport Corporation (now

Telangana State Road Transport Corporation), was

subjected to disciplinary proceedings on account of an

accident which took place on 25.12.1997. The matter

was probed into by the Chief Inspector, Musheerabad

Depot, and he filed a preliminary report holding that the

Driver as well as the cyclist were equally responsible for

the accident. A domestic enquiry took place in the

matter and thereafter, an order of removal was passed on

10.08.1998. The employee in question approached the

Labour Court under Section 2-A(2) of the Industrial

Disputes Act, 1947, and the Labour Court has set aside

the order of removal and directed reinstatement of the

employee with all consequential benefits. Challenging

the same, the writ petition was preferred and the same

was also dismissed.

The Award of the Labour Court is on record and the

same reveals that there is a categorical finding arrived at

by the Labour Court that the employee was not at fault in

the matter. There is a finding arrived at by the Labour

Court based on appreciation of evidence that there was a

fault on the part of the cyclist and the Labour Court has

gone to the extent stating that the charges are not proved

based upon the evidence.

Keeping in view the evidence on record and the

findings arrived at by the Labour Court, this Court is of

the considered opinion that the learned Single Judge was

justified in dismissing the writ petition. The Award was

passed by the Labour Court after appreciating the

evidence and no illegality or irregularity has been pointed

out in respect of the Award passed by the Labour Court.

The procedure prescribed under the Industrial Disputes

Act was followed by the Labour Court and as the findings

in the domestic enquiry were perverse and the employer

was not able to prove the charges before the Labour

Court, the learned Single Judge has declined to interfere

in the matter. This Court does not find any reason to

interfere with the order passed by the learned Single

Judge.

The writ appeal is accordingly dismissed. The

miscellaneous applications pending in this writ appeal, if

any, shall stand closed. There shall be no order as to

costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 19.11.2021 vs