DEPOT MANAGER, APSRTC, KADAPA DISTRICT Vs. P ABHILASH

JUDGEMENT

(1.) Aggrieved by the award dated 07.11.2006, in ID No. 150 of 2005, passed by the Industrial Tribunal II, Hyderabad, the petitioner, the Andhra Pradesh State Road Transport Corporation (for short, 'the Corporation') has filed the present writ petition impugning the said award. In fact, the Labour Court has modified the punishment of removal from service by directing reinstatement of the first respondent herein with continuity of service, but without back wages. The facts in brief are that the first respondent joined the services of the Corporation as a contract Conductor on 30.08.1993, and there afterwards his services were regularized on 31.08.1994. The record reveals that on 02.09.2002, at 09.15 a.m., a check was exercised by the checking officials at stage No. 8/7, Radhika Theatre, while the petitioner was conducting the bus No. 5898 on route No. 16-A. A charge memo was issued on the ground that the first respondent failed to issue tickets to a batch of five (05) passengers who are school girls, aged 12 years, found alighting at Radhika Theatre, though fare of Rs. 2.50/- from each passenger was collected.

(2.) Based on the above said charge, consequent upon the explanation submitted by the first respondent, an enquiry was conducted and eventually, the disciplinary authority passed orders on 30.12.2002, imposing a major punishment of removal from service.

(3.) Aggrieved by the said punishment, the first respondent raised an Industrial dispute in ID No. 150 of 2005 (old ID No. 233 of 2003) before the Labour Court, which eventually modified the order of removal from service passed by the Corporation and directed the Corporation to reinstate the petitioner into service without back wages, but with continuity of service. Thus, aggrieved by the award dated 07.11.2006 passed by the second respondent, the present writ petition has been filed by the Corporation.