M.R.MANIKYAM Vs. THE APSRTC

JUDGEMENT

(1.) This writ petition is filed questioning the award, dated 31.10.2008, passed by the Labour Court -I, Hyderabad, in I.D.No.181 of 2005.

(2.) By the aforesaid award, the Labour Court has dismissed the application filed by the petitioner under Section 2 -A (2) of the Industrial Disputes Act, 1947 (for short, the Act), confirming the order of his removal by the disciplinary authority as confirmed by the departmental appellate authority.

(3.) The case, in brief, is that while the petitioner, who was working as Conductor with the Andhra Pradesh State Road Transport Corporation at H.C.U.Deport, was conducting a bus bearing No. AP 10 Z 1460 on 27.09.2004, on the route Lingampally to Janwada, a check was exercised by the checking officials at Stage No.11/12 i.e., Janwada Cross Roads and noticed that the petitioner, though issued tickets to a batch of 10 passengers, failed to punch the same at stage No.11, and that he also failed to close the S.R for stage No.11 even after crossing the said stage. Alleging misconduct under Regulation 28 (ix) (a) of the Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations, 1963 (for short the Regulations), the petitioner was proceeded with departmentally and was issued with a charge sheet, dated 12.10.2004, enumerating the following two charges: Charge No.1: For having failed to punch the ticket (bearing Nos.804/763983 to 992 of Rs.3/ - den. tickets) on stage No.11 instead of that you have punched on stage No.9 to a batch of 10 passengers who boarded the bus at Miyakhanguda and bound for Janwada ex -stages 11 to 13. Due to your failureness, the checking officials treated them as TPTs, which constitute misconduct under Regulation 28 (ix) (a) of APSRTC Employees (Conduct) Regulations, 1963. Charge No.2: You have avoided to close the SR against stage No.11 even after closing the stage No.11 and arrived nearly by stage No.12. Due to non -closing of SR, the checking officials marked XXX against blanks which constitutes misconduct under Regulation 28 (ix) (a) of APSRTC Employees (Conduct) Regulations, 1963.