APSRTC NOW TSRTC Vs. D.YADAIAH

JUDGEMENT

(1.) W.A.No.1552 of 2018 is arising out of order dtd. 7/9/2018 passed in W.P.No.19105 of 2008.

(2.) The facts of the case reveal that the respondent/employee before this Court was appointed as a Conductor in 1986 and while discharging his duties on 21/7/2005, he was subjected to surprise check. Undisputedly, he was found indulged in cash and ticket irregularities (misappropriation of Government money). A charge sheet was issued and thereafter a detailed enquiry took place in the matter and finally an order was passed on 24/5/2006 inflicting punishment of removal.

(3.) The respondent/employee did prefer an appeal and the same was rejected on 27/9/2006 and thereafter, the employee preferred a petition under Sec. 2A(2) of the Industrial Disputes Act, 1947, and the same was registered as I.D.No.81 of 2006. The Labour Court, after minutely scanning the entire evidence, arrived at a conclusion that the workman is not entitled for any relief specially keeping in view the misappropriation and has dismissed the petition preferred by the workman under Sec. 2A(2) of the Act of 1947 by award dtd. 10/7/2007 declining to interfere with the punishment order. Thereafter, writ petition was preferred and the learned Single Judge in paras 6 and 7 has held as under: