B. Raja Reddy vs The Depot Manager
2021 Latest Caselaw 3828 Tel

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


                     WRIT APPEAL No.860 of 2019

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




      The present writ appeal is arising out of order dated

09.11.2018

passed in W.P.No.19322 of 2011 by the learned

Single Judge.

The facts of the case reveal that the present

appellant/writ petitioner, who is a retired employee, was

subjected to disciplinary proceedings on account of

unauthorised absence and an order dated 11.09.2002 was

passed by the disciplinary authority dismissing him from

service. Thereafter, the employee approached the Labour

Court under the provisions of the Industrial Disputes Act,

1947 (for short, "the Act") and the Labour Court while

exercising power under Section 11A of the Act and after

taking into account a lenient view in the matter has directed

reinstatement of the workman with all consequential benefits

except back wages. A writ petition was preferred and the

learned Single Judge, keeping in view the fact that no grave

irregularity or illegality was pointed out in the award passed

by the Labour Court and the employee was reinstated back

into service with all consequential benefits except back wages,

has declined to interfere with the award.

In the considered opinion of this Court, keeping in view

the nature of misconduct and also the fact that no procedural

irregularity has taken place in the matter of departmental

enquiry and the Labour Court has already taken a lenient

view by exercising jurisdiction under Section 11A of the Act,

the learned Single Judge was justified in dismissing the writ

petition. This Court does not find any reason to interfere with

the award passed by the Labour Court. Accordingly, the writ

appeal stands dismissed. However, the employee shall be

entitled to all consequential benefits except back wages.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J

29.11.2021 ES