The Depot Manager vs Donka Rahaiah
2021 Latest Caselaw 3703 Tel

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


                       WRIT APPEAL No.457 of 2019

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




     The present writ appeal is arising out of order dated

24.12.2018 passed in W.P.No.14286 of 2005 by the learned Single

Judge.

     The facts of the case reveal that the respondent/employee

was appointed as a Conductor on 28.12.1987. On 31.08.2001, a

surprise check took place and certain ticket irregularities were

noticed. After conducting a departmental enquiry, punishment of

removal was inflicted on 06.03.2002. The employee raised an

industrial dispute under the Industrial Disputes Act, 1947 and the

Labour Court with an award dated 29.07.2004 has set aside the

order of removal directing the appellant/Corporation to reinstate

the employee in to service along with 25% back wages. Being

aggrieved by the award dated 29.07.2004 passed by the Labour

Court, a writ petition was preferred and as the employeer was not

able to find out any irregularity or illegality in the award passed by

the Labour Court, the writ petition has been dismissed.

This Court has carefully gone through the award passed by

the Labour Court. The Labour Court has meticulously analysed

the statement of witnesses. The award reveals that one passenger

gave a statement that he has given Rs.6/- to the Conductor and the

Conductor did not issue any ticket. The employee was found with

a torn note and his contention is that because the currency given

was in a very bad shape, he requested the passenger to give him

another note and while the bus was going, on account of

mechanical failure it stopped at a particular place and in those

circumstances, the ticket was not issued to the passenger. The

Labour Court keeping in view the totality of the circumstances of

the case has moderated the order of removal, directing

reinstatement of the employee. Labour Court under Section 11A of

the Industrial Disputes Act, 1947 and keeping in view the evidence

set aside the punishment and directed reinstatement of the

workman along with 25% back wages. Therefore, the learned

Single Judge was justified in dismissing the writ petition preferred

by the employer. This Court also 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

______________________________ A. RAJASHEKER REDDY, J

23.11.2021 ES