Y.S.NARAYANA Vs. LABOUR COURT

JUDGEMENT

(1.) This writ petition is filed seeking to issue a Writ of Certiorari calling for the records relating to and connected with I.D.No.119 of 2002 on the file of the 1st respondent-Labour Court-I, and to quash the award dated 05.02.2005 passed therein, insofar as denying back wages to the petitioner, as illegal and arbitrary, and sought a consequential direction to grant full back wages to the petitioner.

(2.) Heard Sri A.K. Jayaprakash Rao, learned counsel for the petitioner and Sri N. Vasudeva Reddy, learned Standing Counsel for 2nd respondent - Corporation.

(3.) It has been contended by the learned counsel for the petitioner that the petitioner was initially appointed as Conductor in the 2nd respondent Corporation on 03.08.1982 and while he was discharging his duties as Conductor during April, 2000, the Checking officials of the respondents have conducted a check and found that the petitioner had indulged in Cash and Ticket irregularities. The Disciplinary Authority had initiated disciplinary proceedings and after conducting a detailed domestic enquiry, the Disciplinary Authority has imposed the punishment of removal from service against the petitioner for the above proven misconduct in the enquiry vide order dated 04.08.2000. Thereafter, the petitioner, having unsuccessfully preferred an appeal and revision before the Divisional Manager and the Regional Manager, respectively, filed I.D.No.119 of 2002 under Section 2-A(2) of the Industrial Disputes Act before the Labour Court. The Labour Court vide order dated 05.02.2005 was pleased to set aside the order of removal and directed that the petitioner be reinstated into service with continuity of service and all attendant benefits, but without back wages. Challenging the same, the present writ petition is filed.