DEPOT MANAGER APSRTC Vs. B SWAMY

JUDGEMENT

(1.) Special Leave granted.

(2.) It is not in dispute that on 23.05.2000 the respondent was a conductor performing his duties as conductor in the bus belonging to APSRTC. When the vehicle was checked, it was detected that 16 illiterate lady passengers had been issued tickets of 0.50 paise denomination instead of Rs. 4.00. The respondent is alleged to have collected an extra amount from each of them which he pocketed. The checking staff had recorded the statement of the passengers whereafter a charge memo was issued to the respondent. After holding an inquiry, the management removed the respondent from service.

(3.) The respondent moved the Labour Court u/s. 2A(2) of the Industrial Disputes Act, 1947 for setting aside the order of removal from service passed by the Management. The Labour Court on a perusal of the evidence on record concluded that 16 lady passengers had in fact been given tickets of lower denomination of 0.50 paise each instead of Rs. 4.00. Had there been no checking of the vehicle, the respondent would have pocketed Rs. 52.00 without being detected. It did not find any substance in the submission of the respondent that since the bus was over loaded he had issued those tickets under a mistake. Negativing the contention of the respondent, the Labour Court held that the management having reposed confidence in the respondent as a conductor, since it found that he was not performing his duties with honesty and sincerity, it was justified in removing him from service. If such acts on the part of conductors are condoned, the ultimate sufferer will be the APSRTC.