The Depot Manager, Apsrtc., ... vs S. Aniruth Kumar, Hyderabad, Anr.
2022 Latest Caselaw 774 Tel

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


                    WRIT APPEAL No.895 of 2009

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




      The present writ appeal is arising out of order dated

01.08.2008 passed in W.P.No.19407 of 2007.

      The facts of the case reveal that the respondent-workman in

question was charged sheeted on 15.05.2004 alleging misconduct

that on 07.05.2004 while he was on duty, he was wrongly

mentioned the stage numbers in the STAR document. He did

submit a reply to the charge sheet and stated that on account of

heavy pressure and due to ill-health he could not mention the

stage numbers and it is an undisputed fact that no financial loss

was caused to the Corporation. Finally, after conducting a

departmental enquiry, an order of removal was passed on

10.09.2004. The respondent-workman did prefer an appeal and

later an industrial dispute under Section 2-A(2) of the Industrial

Disputes Act, 1947. The Labour Court has set aside the order of

removal and directed reinstatement of the workman with 50% of

the back wages. The award of the Labour Court also does not

reveal that it was a case of misappropriation. Only it was a minor

mistake committed by the workman for which a capital

punishment was inflicted upon him. The learned Single Judge

after taking into account the finding given by the Labour Court

that the mistake was totally inadvertent and did not lead to any

cash and ticket irregularities, has dismissed the writ petition

preferred by the employer. Meaning thereby, upholding the award

of reinstatement with 50% back wages.

This Court has also carefully gone through the award of the

Labour Court and it is nobody's case that the workman was

removed for cash and ticket irregularities. It was the mistake on

the part of the workman, as he was unwell, in not entering the

state numbers in the STAR document at the relevant point of time

and therefore, this Court 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

________________________________ ABHINAND KUMAR SHAVILI, J 18.02.2022 ES