DEPOT MANAGER, APSRTC Vs. N.YADAIAH

JUDGEMENT

(1.) A.P.S.R.T.C., now presently T.S.R.T.C., filed this writ petition seeking writ of Certiorari calling for the records relating to the order dtd. 6/4/2006 made in M.P.No.52 of 2001 on the file of the Labour Court-I, Andhra Pradesh, Hyderabad, directing the petitioner Corporation to compute the salary of respondent No.1 by allowing notional increments for the period from 14/5/1994 to 2/4/2022 and make payment accordingly and quash the same as being illegal, without jurisdiction and contrary to the settled principles of law.

(2.) Heard Miss. Dornala Sai Mahatha, learned counsel, representing, Sri Thoom Srinivas, learned standing counsel appearing for the petitioner Corporation, as well as learned Assistant Government Pleader appearing for respondent No.2. In spite of service of notice, respondent No.1 has not chosen to enter his appearance.

(3.) Learned counsel for the petitioner submits that respondent No.1, while working as Conductor in the petitioner Corporation, was removed from the services with effect from 14/5/1994 on the ground that he committed cash and ticket irregularities. Aggrieved by the said removal order, respondent No.1 filed I.D.No.85 of 1999 before the Industrial Tribunal-II at Hyderabad invoking the provisions of Sec. 2-A(2) of the Industrial Disputes Act, 1947 (for brevity, 'the Act'). The Industrial Tribunal after considering the contentions of the respective parties, documentary evidence i.e., Exs.M.1 to M.18 on record has modified the punishment holding that respondent No.1- workman is liable for punishment of postponement of one annual increment for the period of one year and further directed the petitioner Corporation to reinstate respondent No.1 into service with continuity, but without back wages. Pursuant to the said award dtd. 20/1/2000, respondent No.1 was reinstated into service on 1/4/2000.