C BASAIAH Vs. DEPOT MANAGER APSRTC

JUDGEMENT

(1.) THE petitioner was employed as a Conductor, in the Tandur Depot of apsrtc, in the year 1988. When he was conducting a service from Nadaram to kodangal on 31. 3. 1992, the bus was checked, between the stages 9 and 8. A charge-sheet was issued on 9. 4. 1992, wherein it was alleged that the petitioner did not issue tickets to two passengers, having collected fare of Rs. 2/- each, from them. After causing domestic enquiry, the respondent passed an order dated 12. 3. 1993, directing the removal of the petitioner from service.

(2.) THE petitioner approached the labour Court III, Hyderabad, under section 2-A (2) of the Industrial Disputes Act (for short "the Act"), and filed I. D. No. 809 of 1993. The Labour Court passed an award dated 20. 8. 1997, setting aside the order of removal and directing reinstatement of the petitioner, with continuity of service and attendance benefits, but without back wages. Accordingly, the petitioner was reinstated into service.

(3.) THE respondent filed WP No. 19656 of 1998, against the award dated 20. 8. 1997. The writ petition was allowed on 3. 10. 2007, on the ground that when the Labour court had agreed with the findings recorded in the domestic enquiry, there was no basis for setting aside the order of removal and directing reinstatement, with continuity of service and attendant benefits. The matter was remanded to the Labour Court, as regards quantum of punishment. After such remand, the Labour Court passed an award dated 10. 3. 2008, dismissing the I. D. Hence, this writ petition.