A R SWAMY Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) THE petitioner was employed in the Kavali Depot of A. P. S. R. T. C. , as mechanic. He was issued a charge-sheet dated 30. 11. 2002, by the Depot Manager, alleging certain acts of misconduct. Petitioner submitted his explanation denying the charges. The 2nd respondent passed an order dated 19. 2. 2003, imposing the punishment of deferment of increment, for a period of six months, without cumulative effect. Departmental appeal filed against the order, before the Divisional Manager; was rejected.

(2.) THE petitioner approached the 1st respondent, with a request to refer the dispute, that arose out of the order of punishment dated 19. 2. 2003, to the Labour court, for adjudication. Conciliation was undertaken, and it failed. As regards the reference of the dispute to the Labour Court, the 1st respondent issued letter dated 23. 7. 2007, informing the petitioner that since he had already retired from service in the year 2003 itself, it is not feasible to accede to the request. It was also observed that there does not exist any relationship of employer and employee, between the petitioner and the A. P. S. R. T. C. Petitioner challenges the letter dated 23. 7. 2007, issued by the 1st respondent.

(3.) HEARD Sri P. Gopal Das, learned counsel for the petitioner; learned government Pleader for Labour, and Sri C. Prakash Reddy, learned Standing Counsel for the 2nd respondent.