P.G.S.Sekhar vs The Depot Manager,
2021 Latest Caselaw 3998 Tel

     THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI


               WRIT PETITION NO.14201 OF 2003


                             ORDER

This Writ Petition is filed by the petitioner seeking a Writ of

Mandamus declaring the action of the Labour Court in not awarding

the attendant benefits and back wages while ordering reinstatement of

service and instead imposing the punishment of deference of 3 annual

grade increments with cumulative effect, as illegal and arbitrary and

to consequently direct the respondent to pay back-wages since 1999

and also set aside the major penalty of deference of 3 annual grade

increments with cumulative effect.

2. Brief facts of the case are that the petitioner was appointed as a

conductor on 03.03.1985 in the respondent corporation and while he

was working as Depot Secretary in NMU in the BHEL Depot on

24.06.1997, there was an altercation between him and one D.V.K.

Rao, driver of BHEL Depot. Mr. D.V.K. Rao allegedly abused the

petitioner in the presence of Depot Manager, BHEL. Complaints were

filed against both the petitioner and the driver D.V.K. Rao and the

petitioner was transferred to Ibrahimpatnam depot and was issued a

charge sheet on 12.08.1997 for the said misconduct. The petitioner

submitted his explanation stating that D.V.K. Rao, driver, is Secretary

of the employees' union in the depot and due to union rivalry, the

driver scolded him in filthy language and thus altercation has taken

place. However, without considering the petitioner's explanation, an

enquiry officer was appointed who held the charges to be proved and

subsequently the petitioner was removed from service. The petitioner

raised a dispute with the Labour Court in I.D.No.132 of 1999 and the

Labour Court-II, Hyderabad, passed an award on 05.04.2002 setting

aside the removal order and ordered the petitioner to be reinstated into

service with continuity of service but without back wages and

attendant benefits. The punishment was also modified to that of

withholding of 3 annual grade increments with cumulative effect. The

petitioner has filed this Writ Petition challenging the denial of relief to

him.

3. Learned counsel for the petitioner, Sri S. Pradeep Kumar,

submitted that the Labour Court has imposed double punishment on

the petitioner, i.e., not allowing the back wages and further imposing

withholding of 3 annual grade increments with cumulative effect. It is

also submitted that even after reinstatement orders, the respondent did

not fix the petitioner's pay salary as per 1993 and 1999 PRC Scales

and did not add any notional increase to his scale of pay in spite of the

direction of the Labour Court to reinstate the petitioner into service

with continuity of service. In support of his contentions that the

altercation between the employees would not amount to misbehaviour

and removal from service for such an action is not justifiable, he

placed reliance upon the decision of a Single Judge of this Court in

the case of P. Laxmaiah Vs. Telangana State Road Transport

Corporation, Hyderabad and another1. In support of his contention

that the petitioner should be granted relief by modifying the

punishment of stoppage of 3 annual grade increments with cumulative

effect to that of deference of 3 annual grade increments without

cumulative effect, he placed reliance upon the decision of a Single

Judge of this Court in the case of G. Pentaiah Vs. The Depot

Manager, APSRTC, Pargi Depot., RR District and another2.

4. Learned counsel for the respondent, Sri N. Praveen Reddy, on

the other hand, submitted that the contention of the petitioner that

disciplinary action is taken only against him and not against D.V.K.

Rao is not correct. He submitted that disciplinary proceedings were

also initiated against the said employee and he was also removed from

service and was reinstated into service by virtue of the award of the

Labour Court. He placed reliance upon the decision of the Hon'ble

Supreme Court in the case of Union of India and others Vs.

P.Gunasekharan3 and U.P.State Road Transport Corporation Vs.

Vinod Kumar4.

5. Having regard to the rival contentions and the material on

record as well as the judgments relied upon by both the parties, it is

seen that the petitioner's major punishment of removal from service

2016 (6) ALD 403

W.P.No.16966 of 2001 dt.28.11.2017

(2015) 2 SCC 610

(2008) 1 SCC 115

has been modified to that of deferment of three annual grade

increments with cumulative effect. Since the petitioner was not

granted back wages and attendant benefits and has thus suffered

monetary loss and since the petitioner herein also has retired from

service, this Court deems it fit and proper to modify the punishment

further to deferment of 3 annual grade increments without cumulative

effect.

6. Accordingly, the Writ Petition is partly allowed. No order as to

costs.

7. Pending miscellaneous petitions, if any, in this Writ Petition

shall stand closed.

___________________________ JUSTICE P. MADHAVI DEVI

Dt.30.11.2021 Svv