DIVISIONAL MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION HYDERABAD Vs. LABOUR COURT HYDERABAD

JUDGEMENT

(1.) These two writpetitions are for the issue of a writ of certiorari to quash the Award made by the Labour Court, Hyderabad, the 1st respondent herein, in I.D. No. 88 of 1975, The brief facts leading to the filing of this writ petition may be briefly stated.

(2.) The petitioner in W.P. No. 1928 of 1978 (hereinafter referred to as the "petitioner" with reference to both the writ petitions) was appointed by the Road Transport Superintendent of the then Government of Hyderabad in the year, 1950. The petitioner was serving as a Conductor when he was removed from service in the years 1954 on ground of misconduct. However, he was reinstated in service by an order Government in the year, 1962. On 6th November, 1963, the petitioner was conducting a bus of the Andhra Pradesh Road Transport Corporation on route Khammam to Aswaraopet. When the bus was checked at Stage No. 32, it was found that though the fare was only Rs. 0-40 P., the petitioner had failed, to issue tickets to one adult and one chargeable child travelling from stages 31 to 33 even aft r collecting a sum of Re 1/- from them. He had also failed to close the tray numbers of all denominations upto Stage No. 32 When the checking officials served a Memo on the petitioner and asked for his explanation, he refused to receive the charge-memo and give his spot explanation. The checking officials recorded ths statements of the passengers and the driver and seat their special report to the Depot Manager. A charge-memo together with the above material was served on the petitioner calling upon him to submit his explanation

(3.) The petitioner submitted an explanation that he had issued tickets to all the passengers upto stage No. 31. At stage No. 32, he fell unconscious and was removed to the hospital where he remained unconscious for a period of four days. Charges were framed against the petitioner to the following efiect: 1. That he failed to issue tickets to one passenger travelling with a child aged 10 years, both of whom boarded the bus at Guttugudem bound for Madanpally (Dommaipet Cross-roads) Ex-stages 31 to 33 in spite of having collected Re. 1 towards the requisite fare of Rs. 0-40Ps., and that he failed to return a sura of Rs. 0-60Ps. due to these persons, thereby for violating the rule of "Issue and Start" in respect of these passengers when there were only 17 passengers in all in the bus. 2. That he failed to close the ticket tray numbers of all denominations at stage No. 32. 3. That by his deliberate and premediated action is pretending to be so indisposed as to be unable to speak thereby evaded - (i) The acceptance, acknowledgement and receipt of the offence Memo; (ii) the acceptance of the passengers' evidence recorded against him at the time of check; (iii) to give a memo, in writing to the T.T. Is., indicating that he was indisposed; (iv) to accept the statement of the driver of his own bus Sri D. Krisanatah which hs had made at the time of check testifying the statement of the passeagers found travelling without tickets; and (v) to sign and acknowledge the report made against him in S. R. No. 77978 of 6/ 7th December, 1963.