B.S. RAJU Vs. THE APSRTC

JUDGEMENT

(1.) Heard Sri S.M.Subhan learned counsel for petitioner, Sri Aravala Rama Rao learned standing counsel for respondents 1 and 2 and learned Government Pleader (AP) for respondent no.3.

(2.) Disciplinary proceedings initiated against petitioner on the allegation of cash and ticket irregularities resulted in imposing the punishment of removal from service by order of the disciplinary authority dated 03.05.2000. Appeal and revision filed against the said orders were rejected. Aggrieved thereby petitioner raised industrial dispute in I.D.No.196 of 2000 on the file of Industrial Tribunal-cum-Labour Court at Anantapur (for short the Labour Court). In the award dated 03.07.2002, the Labour Court while upholding the disciplinary action held that the punishment of removal is excessive and modified the punishment to that of withholding of three annual increments with cumulative effect, but denied back wages. In compliance of the Award, petitioner was reinstated into service on 17.10.2002. Challenging the Award to the extent of imposing the punishment of deferment of three annual increments with cumulative effect, this writ petition is filed.

(3.) On detailed consideration of the issue, the Labour Court concurred with the decision of Respondent Corporation holding the petitioner guilty of charge leveled against him. The allegation against petitioner was issuance of less value tickets after collecting the requisite fare from the passengers. However, Labour Court exercised its discretion to modify the punishment, holding the punishment of removal as excessive/disproportionate. Concurrently, the allegation leveled against petitioner is proved. This court cannot re-appreciate the evidence and come to different conclusion. There is no perversity in the finding of guilt. I do not see any illegality much less patent illegality on the award passed by the Labour court warranting interference by this Court.