V. SREENIVASA RAO Vs. LABOUR COURT, GUNTUR

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, to declare the Award dtd. 23/10/2019 in I.D.No.89 of 2009 on the file of dthe 1st respondent Court, as arbitrary and violative of Articles 14 & 19 of the Industrial Disputes Act by setting aside the same and consequently direct the respondent Nos.2 & 3 to reinstate the petitioner with all attendant benefits with backwages with interest @ 12 p.a and grant cost of the proceedings.

(2.) The brief facts of the case are as follows. The petitioner was appointed as a Lower Division Clerk (LDC) in the ERO Town Office of APSPDCL at Ongole on 1/6/1993 and had worked there until 3/8/2003. On 1/9/2003, the petitioner was placed under suspension by the authorities concerned for alleged misconduct. As per the proceedings dtd. 1/9/2003 issued by the 2nd respondent, the Divisional Engineer, Tirupati was appointed as the Enquiry Officer to conduct an enquiry into the charges. During the enquiry, charges were framed against the petitioner alleging that he collected an amount of Rs.25,700.00 from a consumer bearing S.C. No.045050000305 of Gamallapalem village towards non-slab bill charges but failed to account for the same. It was also alleged that he tampered with the billing records by changing the service from "bill stopped non-slab service" to "non-slab live service." Further allegations were made that the petitioner misappropriated CC charges collected from certain consumers without issuing proper receipts in respect of some services. The petitioner submitted his explanation denying all the charges. However, based on the enquiry, a show cause notice dtd. 7/1/2004 was issued to him, to which he again submitted his explanation. Without properly considering his explanation, the 2nd respondent passed final orders on 15/4/2004 dismissing the petitioner from service. The petitioner filed an appeal before the Chief Engineer, but the same was rejected on 26/3/2004. Thereafter, the petitioner submitted a Mercy Petition to the Chairman and Managing Director of APSPDCL, Tirupati. By order dtd. 20/7/2004, the Chairman and Managing Director modified the order of punishment of dismissal to compulsory retirement and directed that the suspension period be treated as leave on duty. Challenging the order of compulsory retirement, the petitioner raised an industrial dispute in I.D. No.89 of 2009. In that dispute, the petitioner filed I.A. No.260 of 2018 before the Labour Court seeking to add the Chairman and Managing Director of APSPDCL as a necessary party. The said application was dismissed on 27/11/2018. Aggrieved by this, the petitioner filed W.P. No.8307 of 2019 before the Honble High Court, which was allowed on 24/7/2019. Thereafter, the main industrial dispute was heard and the 1st respondent passed an award on 23/10/2019 dismissing the claim of the petitioner. Aggrieved by the said award, the petitioner has filed the present writ petition.

(3.) During hearing, Sri M. Pitchaiah, learned counsel representing Sri C.Raghu, learned counsel for the petitioner submits that the impugned order passed by the first respondent is contrary to Sec. 2A(1) of the Industrial Disputes Act, 1947 (for short ,,the Act). He submits that Sec. 2A(1) of the Act deals with the different modes by which an employees service may be terminated by the employer, which would fall within the jurisdiction of the Tribunal for adjudication. In the present case, the petitioners services were terminated by way of compulsory retirement on the ground of alleged misconduct. According to the counsel, under Sec. 2A(1) of the Act, compulsory retirement would fall within the meaning of "otherwise termination." Therefore, the rejection of the petitioners claim by the first respondent is contrary to Sec. 2A(1) of the Act, and the order passed by the first respondent is liable to be set-aside. In support of his contention, he placed reliance on the judgment of High Court of Madras in R. Egamparam vs. Deputy Chairman, Chennai Port Trust,2013 III-LLJ-161 (Mad).