DEPOT MANAGER Vs. A VIJAYA KUMARI

JUDGEMENT

(1.) The 1st respondent, who is since dead, was working as Conductor in Hakimpet Depot of APSRTC. On the ground that he remained unauthorisedly absent from 30-01-1989 to 03-03-1989, he was issued a charge sheet and after holding an enquiry, he was removed from service through orders, dated 28-09-1989. The 1st respondent carried the matter in appeal to the Divisional Manager and the same was dismissed. Again the matter was carried in review to the Regional Manager who is the reviewing authority and the reviewing authority affirmed the order of removal and, however, directed that the petitioner therein be appointed afresh.

(2.) The 1st respondent raised an industrial dispute before the Labour Court-III, Hyderabad, which was numbered as I.D.No.625 of 1992. The Labour Court, Hyderabad, through its order, dated 21-03-1994 held that the domestic enquiry conducted by the petitioner herein was vitiated and accordingly directed reinstatement of the 1st respondent without back wages, but with continuity of service. The same is challenged in the present writ petition.

(3.) The first contention of the petitioner is, that once the 1st respondent has accepted the fresh appointment as ordered by the reviewing authority, it was not open to him to raise an industrial dispute under Section 2-A(2) of the Industrial Disputes Act. The second contention of the petitioner is that the finding of the Labour Court, that the enquiry was vitiated is not proper. It is thirdly contended that, while the 1st respondent was working as Conductor and when he was removed from service, the Labour Court has directed his reinstatement as Depot Clerk and that the same cannot be sustained. It is further contended that once the Labour Court found that the charge leveled against the 1st respondent is proved, it was not open for the Labour Court to modify the finding.