POTHULURI SRINIVASA RAO Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) The petitioner, a Conductor in the respondent Corporation (Andhra Pradesh State Road Transport Corporation), filed the present writ petition impugning the Award dated 20.01.2006 in I.D.No.77 of 2001 passed by the 1st respondent-Labour Court, Guntur (the Labour Court for brevity), confirming the punishment of withholding of two increments with cumulative effect imposed by the 2nd respondent vide order dated 20.01.2006 besides treating the period of suspension as not on duty.

(2.) The facts in brief are that the petitioner joined as casual conductor in A. P. State Road Transport Corporation (the 'Corporation' for brevity) in 1999 and later transferred to Governerpet Depot-1. When the petitioner was returning to Railway Station from Vanukuru, at stage No.9/Penamaluru, a check was held on 23-02-1998. Observing certain irregularities in the ticketing process i.e., while issuing tickets, the petitioner had issued re-issued tickets of Rs.2/- denomination, which were used in the previous trip at stage No.11 and accounted in the SR, the Corporation charge sheeted the petitioner. Subsequently, not satisfied with the petitioner's explanation, the Corporation conducted a departmental enquiry, which culminated in the 2nd respondent passing an Order inflicting on the petitioner the major punishment of withholding of two increments with cumulative effect. Aggrieved by the said punishment, he preferred an appeal before the Regional Manager on 18-02-1999 and the same was dismissed confirming the order passed by the disciplinary authority. Aggrieved by the same, he raised an industrial disputes before the Conciliation Officer and the Assistant Commissioner of Labour by APSRTC Staff and Workers Federation. As there was no amicable settlement, the Government referred the dispute to the Labour Court. Thereupon, the Labour Court confirmed the punishment of penalty imposed by the disciplinary authority. Further aggrieved, the petitioner has filed the present writ petition.

(3.) Heard Sri G. Vidyasagar, learned counsel for the petitioner and Sri Durga Prasad, learned counsel for ASPRTC.