The Depot Manager vs M.Srinivas
2021 Latest Caselaw 3853 Tel

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

                               W.A.No.476 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.18712 of

2007.

        The undisputed facts of the case reveal that the respondent

No.1/workman was appointed in the year 1986 and on account of

ticket irregularities, he was chargesheeted. An order of removal

was passed on 22.01.2004. The respondent No.1/workman

preferred an appeal and a review and both were dismissed by the

competent authority. Thereafter, he filed I.D.No.53 of 2005 under

Section 2-A(2) of the Industrial Disputes Act, 1947. The Labour

Court, after meticulously scanning the entire evidence, has passed

an award dated 24.11.2006, setting aside the order of removal and

directing reinstatement of the respondent No.1/workman with

continuity of service, 25% of back wages and all other attendant

benefits. Against the award passed by the Labour Court, the writ

petition was preferred and the learned Single Judge, after

meticulously scanning the award, has arrived at a conclusion that

the Corporation was not able to point out any illegality or

irregularity and has dismissed the writ petition.

In the considered opinion of this court, keeping in view the

totality of circumstances of the case, keeping in view the

misconduct and keeping in view the powers exercised under

Section 11-A of the Industrial Disputes Act, this court does not

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

Court and the order passed by the learned Single Judge, as the

punishment commensurate to the guilt of the respondent

No.1/workman has been awarded and he has been granted only

25% of back wages.

The writ appeal is dismissed.

Pending miscellaneous applications, if any, shall stand

closed.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 29.11.2021 JSU