A.V. SUBBAIAH, S/O. ABRAHAM, AGED, 48 YEARS, OCC:EX. DRIVER, E. NO. 405647, R/O. S.C. COLONY, ALAMKHANPELLY MANDAL AND KADAPA DISTRICT Vs. THE DEPOT MANAGER, APSRTC, BUS DEPOT, KADAPA, KADAPA DISTRICT AND OTHERS

JUDGEMENT

(1.) - Petitioner was entrusted with vehicle bearing No. AP-10Z- 8272 on the route from Kurnool to Kadapa on 29.12.2004. The vehicle met with fatal accident at about 8.15 PM. The driver took the bus to the extreme left side of the road and hit the tractor stationed in the left margin of the road and due to the impact, the tractor moved away from the stationed place resulting in fatal injuries to the driver of tractor who succumbed to injuries. Alleging rash and negligent driving, disciplinary proceedings as well as criminal prosecution was launched against petitioner. He was placed under suspension and charge memo dated 01.02.2005 was drawn. The sum and substance of the allegations in the charge sheet is the rash and negligent driving with high speed with lack of anticipation. Enquiry Officer was appointed to enquire into the allegations. Enquiry Officer submitted his report dated 01.06.2005. Enquiry Officer observed that as per the report of the Traffic Inspector of Allagadda Depot, the bus dashed the stationed tractor trolley from back side. Thus, he assumes that bus went on high speed and bus driver took the bus to the very left side margin without observing anything on the road. The enquiry officer further observed that the bus driver ought to have taken precautions and he ought not to have driven the bus with high speed when road is not visible to him due to vehicle coming from opposite side. He, therefore, held that the bus driver was rash and negligent in driving the vehicle. However, the Enquiry Officer accepts the defence of the driver as well as the conductor of the bus that the tractor trolley was stable at road side without parking lights or any other signal and held that the tractor driver was also partly responsible for the accident. Disciplinary Authority, by order dated 11.07.2005, imposed the punishment of removal from service. The appeal and revision filed by petitioner were rejected. Petitioner raised industrial dispute vide I.D. No. 197 of 2006. Labour Court passed Nil award, impugned in this writ petition. To complete the narration, petitioner was also implicated in criminal case in C.C.No. 330 of 2005 on the file of the Judicial First Class Magistrate, Allagadda. The charge in the criminal case was rash and negligent driving. Criminal Court acquitted the petitioner by judgment dated 02.04.2007.

(2.) Heard learned counsel for petitioner and learned Standing Counsel for respondent APSRTC.

(3.) Learned counsel for petitioner submitted that the Labour Court has not appreciated the contentions urged by the petitioner. It is elementary that the Labour Court must first decide whether the disciplinary proceedings were validly conducted as a preliminary issue and only after a finding is recorded, ought to proceed further in the dispute. Whereas, in the instant case, no such finding was recorded and straight-away issue was considered.