DEPOT MANAGER APSRTC Vs. GOVT OF AP REP

JUDGEMENT

(1.) The Depot Manager, APSRTC Bus Depot, Kothagudem, (hereinafter referred to as 'the Management') filed this writ petition praying for the issue of a writ direction or order particularly one in the Mature of writ of Certiorari calling for the records relating to ID No 185 of 1986 from the file of the Industrial Tribunal-cum- Labour Court, Warangal, and quash the award dated 19-8-86 passed in the said ID No 185 of 86.

(2.) The facts giving rise to the filing of this writ petition are as follows: The third respondent, (hereinafter referred to as the 'workman') was working as a Conductor under the management. While he was conducting a bus on 5-4-71 on the route Kothagudem to Singa- reni, a check was exercised at stage No 3 During the course of check, a number of cash and ticket irregularities were detected against the workman. A charge memo dated 5-4-71 was prepared by the checking officials and the same was served on the workman containing 9 charges. An enquiry was conducted as per Regulations 11 and 12 of the APSRTC Employees (Classification, Control and Appeal) Regulations, 1967 into the charges levelled against him, and the enquiry officer bating on the evidence held that the workman was guilty of the charges. On the basis of the enquiry report and the relevant material on record, the Management came to the conclusion that the charges were held proved. The Management also provisionally came to the conclusion that the workman should be awarded with a punishment of removal from service and issued a show cause notice of removal dated 3-8-71 to which the workman submitted his explanation on 30-8-71. The explanation was considered and ultimately the workman was removed from service by an order dated 28-9-71.No attempt had been made by the workman to file an appeal against the order of his removal even though an appeal is provided under the Regulations. It is pertinent to note here that nearly after 15 years, the workman initiated conciliation proceedings under the Industrial Disputes Act which led to a reference by the Government in GO Rt. No 710 dated 2-3-86 to the Industrial Tribunal for adjudication. The said reference was registered as ID No 185/1986. Consequent on the formation of a Labour Court at Warangal, all the cases relating to the said Court were entrusted to the Standing Counsel Mr. G V Satyanarayana Murtby at Warangal. It is submitted by the Management that the said Standing Counsel has not taken care to make proper representation on behalf of the Management before the Labour Court at Warangal. On 8-7-86 a notice was received by the Management from the Tribunal intimating that the case was posted to 30-7-86. This fact was communicated to the Standing Counsel. The case was taken up by the Tribunal on 19-8-86, It appears the domestic enquiry report was not filed before the Tribunal. The Management also has not filed any counter. Consequently the Tribunal passed an ex pane award for reinstatement of the workman with continuity of service and back wages.

(3.) As there is no representation on behalf of the workman Mr A K Jayapra- kash Rao, Advocate, was requested to assist the Court.