K.N.Chary vs The Presiding Officer Another
2022 Latest Caselaw 663 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
          THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



                   WRIT APPEAL No.703 of 2009

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


          The present appeal is arising out of an order dated

24.03.2009

       passed        by    the     learned        Single      Judge    in

W.P.No.6166 of 2009.

The facts of the case reveal that the appellant was

serving as a driver in the services of the Andhra Pradesh

State Road Transport Corporation and on 20.06.2001, the

bus driven by him met with an accident resulting in death of

a cyclist. Disciplinary proceedings were initiated against the

appellant and by an order dated 15.12.2001, the appellant

was removed from service. The appellant has approached the

Industrial Tribunal - cum - Labour Court at Warangal

(hereinafter referred to as, the Industrial Tribunal) by filing

I.D.No.217 of 2003 and finally, an award was passed directing

reinstatement of the appellant with continuity of service but

without back wages and other attendant benefits. The

appellant, being unsatisfied by the award dated 13.11.2006

passed by the Industrial Tribunal, has preferred a writ

petition in the year 2009 and the learned Single Judge, on the

ground of delay and laches as well as on merits, has arrived

at a conclusion that no case is made out for grant of any

relief.

This court has carefully gone through the award passed

by the Industrial Tribunal. The Industrial Tribunal, taking

into account Section 11-A of the Industrial Disputes Act,

1947, has already directed reinstatement of the appellant

with continuity of service, but without any back wages and

other attendant benefits and the punishment of removal was

set aside, as the appellant has not worked during the period

he was not in service.

This Court, keeping in view the gravity of the

misconduct and keeping in view the fact that already a

lenient view has been taken by the Industrial Tribunal in

exercise of powers conferred under Section 11-A of the

Industrial Disputes Act, 1947, does not find any reason to

interfere with the order passed by the learned Single Judge.

The writ appeal is accordingly dismissed.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

15.02.2022 vs