P. SHOWREELU Vs. T. H. DEPOT MANAGER

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India seeking the following relief: "to issue a Writ or Order more in the nature of Mandamus in declaring the award dtd. 9/12/2015 in I.D.No.12 of 2010 as arbitrary and illegal and violative of Articles 14 and 21 of the Constitution of India and the provisions of the Industrial Disputes Act, 1947 in so far as it relates to denial of back wages, attendant benefits with interest @ 12% p.a. from their due date till realisation only by modifying the same to that extent and consequently to direct the respondents 1 and 2 to pay back wages all other attendant benefits with interest at 12% p.a. from due date till the date of realisation. "

(2.) The case of the petitioner, in brief, is that the petitioner joined as driver in APSRTC in 1997 and worked as such up to 10/12/2008. While the petitioner was working in the 1st respondent depot, he was issued charge sheet dtd. 11/12/2008 alleging that while he was performing his duty on the route Guntur to Amaravathi on 1/12/2008, an auto bearing No.AP-7W-2074 coming in opposite direction dashed the bus driven by the petitioner at about 11.30 PM resulting in the death of three inmates travelling in the auto on the spot, while the other passengers received injuries. It is further alleged that the accident occurred only due to the rash and negligent driving of the petitioner and he was responsible for the damage caused to the bus, which constitutes misconduct under Regulation 28 of APSRTC Employees (Conduct) Regulations 1963. The petitioner submitted his explanation denying the charges levelled against him and a domestic enquiry was conducted. Thereafter, based on erroneous findings of the Enquiry Officer, the petitioner was removed from service vide orders dtd. 29/4/2009. The authorities concerned rejected the appeal as well as the review preferred by the petitioner against the said orders.

(3.) Thereafter, the petitioner raised an industrial dispute in I.D.No.12 of 2010 before the 3rd respondent-Labour Court. The 3rd respondent, on comprehensive adjudication of the dispute, passed the award dtd. 9/12/2015, which read as follows: