MOHAMMAD HASSON Vs. PRESIDING OFFICER HYDERABAD

JUDGEMENT

(1.) This Writ Petition is directed against the Award dated 4/11/1998 passed by the Labour Court-1, Hyderabad in I.D. No. 22 of 1997 confirming the order of removal passed by the 2nd respondent -Depot Manager, Andhra Pradesh State Road Transport Corporation, Mehdipatnam Depot, Hyderabad against the petitioner.

(2.) According to the petitioner, he was appointed as a Driver with the APSRTC in the year 1990. While so, when he was driving the bus bearing registration No. AAZ 4492 on the route 66G at 20.15 hours and proceeding to Charminar from Moazamzahi Market, at Siddiambar Bazar Mosque an accident occurred. A dead body of a lady was found lying at a distance of about 12' on the right side of the road and on seeing the same, he swerved the bus to the left and stopped it. The area Constable came there and asked him about the accident. He stated that his bus did not involve 'in the accident and he does not know anything about the accident. The service Conductor also stated that the driver suddenly stopped the bus and took the bus to the left of the road and the bus did not involve in the accident. Thereafter, the accident enquiry committee visited the spot, by which time neither the bus nor the dead body was there it being a very busy road in a very very busy business area. The enquiry committee seems to have, on mere presumptions and assumptions, reported that he is responsible for the accident. Neither there was any eye-witness nor anybody spoke about the accident. However, the 2nd respondent issued a charge sheet dated 8/04/1994 framing the following charge:

(3.) Before the Labour Court, the petitioner filed an application under Section 2-A(2) of the Industrial Disputes Act, 1947 and the Management - 2nd respondent herein - filed a detailed counter affidavit. On the basis of the pleadings of both the parties, the Labour Court framed the following point for consideration: