The Depot Manager vs G.M.Saleem And Another
2021 Latest Caselaw 3670 Tel

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

                               W.A.No.553 of 2019

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



        The present writ appeal has been filed by the Telangana

State Road Transport Corporation being aggrieved by the order

dated    10.12.2018        passed         by      the      learned         Single   Judge   in

W.P.No.16918 of 2002.

        The undisputed facts of the case reveal that on account of

cash and ticket irregularities, an order of removal was passed in

respect of respondent No.1/employee on 26.07.1995 by the

appellant/employer and the same was challenged before the

Industrial Tribunal-II, Hyderabad. The order of removal dated

26.07.1995 was set aside by the Tribunal by award dated

04.07.2001 and the Tribunal, in exercise of powers conferred

under Section 11-A of the Industrial Disputes Act, 1947, directed

reinstatement of respondent No.1/employee with continuity of

service, but without back wages and without increments for a

period of three years, against which the writ petition was preferred.

The writ petitioner/employee was aggrieved by the order inflicting

punishment of stoppage of three increments with cumulative effect

and the learned Single Judge has moderated the punishment to

that of stoppage of three increments without cumulative effect.

Learned counsel for the appellant/employer has argued

before this Court that back wages cannot be granted to an

employee, who was involved in cash and ticket irregularities. In

the order passed by the learned Single Judge, no back wages have

been granted. Learned counsel for the appellant/employer has

confined his prayer only to the extent back wages have been

granted, however the fact remains that no back wages have been

granted in the matter.

Resultantly, the order passed by the learned Single Judge is

upheld.

With the aforesaid, the writ appeal stands disposed of.

Pending miscellaneous applications, if any, shall stand

closed.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 22.11.2021 JSU