MD AZEEMUDDIN Vs. PRESIDING OFFICER, LABOUR COURT-II

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 of Constitution of India challenging the award dated 20.4.1999 in I.D.No.78 of 1997 on the file of Labour Court -II, Hyderabad and seeking a writ of Mandamus to declare the action of the first respondent in awarding double punishment viz., (1) not awarding continuity of service and backwages and (2) deferring three annual grade increments with cumulative effect for three years is illegal, arbitrary and consequently direct the second respondent to pay the arrears of backwages and continuity of service with attendant benefits.

(2.) THE facts leading to filing of this writ petition, in brief, are as follows. The petitioner was appointed as driver in Andhra Pradesh State Road Transport Corporation (hereafter referred to as, the Corporation) 10.10.1985. The second respondent Depot Manager issued charge memo dated 04.9.1990 stating that the petitioner unauthorisedly absented for duty from 13.6.1990 to 19.9.1990. The petitioner submitted his explanation to the charge memo. The second respondent being not satisfied with the explanation submitted by the petitioner initiated domestic enquiry. On 19.1.1992, the Enquiry Officer issued notice to the petitioner directing him to attend enquiry, but the notice returned as unserved. The Enquiry Officer conducted enquiry and submitted report. On 03.3.1993, the second respondent issued show cause notice to the petitioner calling for his explanation as to why he cannot be removed from service. The petitioner has not received the said show cause notice. The second respondent passed orders dated 16.3.1993 terminating the services of the petitioner. The petitioner filed appeal before the Divisional Manager, APSRTC and the same was dismissed. The revision petition filed by the petitioner before the Regional Manager, APSRTC was also rejected. Having no other alternative, the petitioner raised industrial dispute being I.D.No.78 of 1993 on the file of Labour Court -II, Hyderabad.

(3.) AFTER giving reasonable opportunity to both parties, the Labour Court allowed the I.D. in part ordering to reinstate the petitioner into service without backwages and deferring three annual increments with cumulative effect. Feeling aggrieved by the award of the Labour Court, the present writ petition is filed.