POLAM CHENNA REDDY Vs. INDUSTRIAL CUM LABOUR COURT

JUDGEMENT

(1.) THIS writ petition is filed for a writ of certiorari to quash award dated 21-02-2007 in I. D. No. 86 of 2005 and published on 03-07-2007 on the file of respondent No. 1 to the extent of denying continuity of service, back wages and other consequential benefits to the petitioner.

(2.) THE petitioner is a conductor of respondent No. 2-Corporation. While he was conducting service on route Parkal-Hanamkonda-Godavarikhani on 27-12-2002, a check was exercised by the checking officials at Stage No. 15/17 leading to issuance of charge sheet, against the petitioner, with the following charges:

(3.) THE petitioner submitted his explanation denying the charges. However, the Enquiry Officer held the petitioner guilty of all the charges. After considering the explanation submitted by the petitioner to the show cause notice issued by respondent no. 2, an order of removal was passed on 17-07-2003 by respondent No. 2. The appeal and review petitions filed by the petitioner resulted in their dismissal by orders dated 28-08-2003 and 13-05-2005 respectively. The petitioner then raised an industrial dispute by way of I. D. No. 86 of 2005 before respondent No. 1-Tribunal. The said industrial dispute was disposed of by award dated 21-02-2007. A perusal of the award shows that the Tribunal discussed the material on record and found that re-issue of tickets, which were taken back by the petitioner against refund of fare to the passengers, was purely a technical mistake. The reasoning of the Tribunal on the core issue runs as under-