DEPOT MANAGER Vs. K.ANJANEYULU

JUDGEMENT

(1.) This writ petition is filed challenging the orders passed by the Industrial Tribunal, Warangal in I.D.No.2 of 2014, dated 18.03.2017.

(2.) Counsel for the petitioner - Corporation had contended that the respondent - workman was a Driver and he has driven the bus in drunken state and the Corporation construed the same as misconduct and initiated disciplinary proceedings against the respondent. After conducting detailed enquiry, the disciplinary authority has imposed major penalty of removal from service vide orders dated 30.03.2013 and thereafter the respondent has unsuccessfully preferred appeal and revision. Later, the respondent filed I.D.No.2 of 2014, under Section 2A(2) of the Industrial Disputes Act, before the Industrial Tribunal. The Tribunal vide orders dated 18.03.2017 was pleased to set aside the orders of removal and remitted the matter to the respondent therein to pass appropriate order of penalty within 60 days. However, while remanding the matter, the Tribunal has held that the punishment of removal imposed on the workman was disproportionate.

(3.) Counsel for the petitioner had contended that to the extent of remanding the matter to the Corporation by the Tribunal, the petitioner has no grievance, but the only grievance of the petitioner is that the matter was remanded with an observation that the punishment of removal imposed on the workman was shockingly disproportionate and that any other lesser punishment should be imposed. Counsel for the petitioner further contended that during pendency of this writ petition, the respondent - workman has retired from service on attaining the age of superannuation on 30.11.2019. Therefore, the counsel for the petitioner contended that appropriate orders be passed in the writ petition by setting aside the impugned orders passed by the Tribunal in I.D.No.2 of 2014, dated 18.03.2017, holding that the same are passed contrary to law.