DISTRICT MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION NARKATPALLI BUS DEPOT Vs. LABOUR COURT HYDERABAD

JUDGEMENT

(1.) This is an application filed under Article 226 of the Constitution of India for the issuance of a writ of a certiorari seeking the quashing of the order dated 14th December, 1978, passed by the Labour Court, Hyderabad, the first respondent herein, in I.D.No.132 of 1975.

(2.) Sri Gulam Mohammad, the second respondent herein, was a Conductor in the service of the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as the A.P.S.R.T.C.). It was found on scrutiny of the statistical returns maintained by the 2nd respondent that he issued on 5th and 6th of May, 1972 in all 92 fake tickets of the value of Rs. 2-10 each to the passengers instead of issuing the tickets of same value actually supplied to him for issue while he was conducting a bus on the route Narkat- palli to Nagarjunasagar on the said dates and appropriated the amount of the said tickets. For this misconduct, three charges were framed against him and after due enquiry in accordance with the A.P.S.R.T.C. (C.C.A.) Regulations, he was removed from service with effect from 7th September, 1973.

(3.) On a representation made by him to the Government the matter was referred to Labour Court under section 10 (i) (C) of the Industrial Disputes Act. The Labour Court, the 1st respondent herein, held that all the three charges levelled against the second respondent were proved, but it set aside the order of removal of the second respondent on the ground that the Depot Manager has no power to pass the impugned order and directed the reinstatement of the second respondent. It is that order that is now sought to be quashed in this writ petition.