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2000 Supreme(AP) 481

G.BIKSHAPATHY
M. Lakshminarayana – Appellant
Versus
PPRESIDING OFFICER, LABOUR COURT-II, A. P. , HYD. – Respondent


G. BIKSHAPATHY, J.

( 1 ) THE Writ Petition is filed questioning the award of the Labour Court dated 19-6-1996 in I. D. No. 421 of 1992 insofar as it denied backwages and other benefits to the petitioner.

( 2 ) THE petitioner was appointed as a driver in the 2nd. respondent-Corporation on 6-5-1968. On 5-11-1987 while he was operating the bus on the route Kamareddy to Badrachalam, an accident took place at modugula Gudem (Illendu) in which an old man died. Disciplinary enquiry was initiated against the petitioner for causing the accident by negligent driving of the bus and by order dated 28-7-1988 he was removed from service. Aggrieved by the said order, the petitioner preferred appeal to the Appellate Authority which also dismissed the appeal. Thereafter, the petitioner raised an industrial dispute under Section 2-A (2) of the Industrial disputes Act, 1947 (the Act, for brevity) in i. D. No. 37 of 1991. The Labour Court, after considering the matter held that the punishment of removal is disproportionate to the misconduct and set aside the order of removal and directed the respondent-Corporation to reinstate the petitioner into service as a fresh candidate without any other benefits











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