MAHESHWAR RAO P Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) This Writ petition filed by the workman is directed against the award dated 24/10/1990 passed by the Labour Court, Godavarikhani in Industrial Dispute No. 227/90 dismissing the industrial dispute.

(2.) The petitioner joined the services of the Andhra Pradesh State Road Transport Corporation in the year 1987. On 22/08/1989 he was conducting the bus on the route Mancherial-Jannaram. The Officials of the checking squad of the Corporation exercised a check at stage No. 8/9 and detected certain cash and ticket irregularities and reported the matter to the second respondent Depot Manager who is the disciplinary authority, under the Regulations. The disciplinary authority, not being satisfied with the spot explanation offered by the 5 petitioner, thought it fit to initiate disciplinary proceedings against the petitioner. Accordingly a charge memo was issued to the petitioner. The following are the charges :

(3.) The inquiring authority appointed by the disciplinary authority conducted an enquiry as per the Andhra Pradesh State Road Transport Corporation Employees (Classification, Control and Appeal) Regulations, 1967 and recorded the finding that all the three charges are proved. The disciplinary authority after consideration of the findings recorded by the inquiring authority and taking into account the totality of the facts and circumstances of the case thought it necessary to remove the petitioner from service. Accordingly the disciplinary authority passed an order on 29/12/1989 removing the petitioner from the service as a disciplinary measure. The appeal filed by the petitioner was dismissed by the appellate authority on 24/03/1990. There after wards the petitioner instituted Industrial Dispute No. 277/90 before the Labour Court, Godavarikani. The learned Presiding Officer after reappraisal of the entire evidence on record came to the conclusion that all the charges are satisfactorily proved. The learned Presiding Officer also examined whether the penalty imposed by the disciplinary authority, in the facts and circumstances of the case, was justified or not and he did not find any extenuating or mitigating circumstances to award a lesser punishment. In that view of the matter the Labour Court dismissed the industrial dispute by the impugned award. Hence this writ petition by the workman.