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SATISH CHANDRA SHARMA, ABHINAND KUMAR SHAVILI
APSRTC, Rep. by Its M. D. – Appellant
Versus
Labour Court-III, Hyd. – Respondent
JUDGMENT :
Satish Chandra Sharma, J.
1. The present writ appeal is arising out of an order dated 04.06.2010 passed by the learned Single Judge in W.P.No.2296 of 2005.
2. The facts of the case reveal that the respondent No.2 (hereinafter referred to as, the employee) was subjected to disciplinary proceedings on account of cash and ticket irregularities and an order of removal from service was passed on 12.06.2002. The employee preferred a petition i.e., I.D.No.59 of 2002, under Section 2A(2) of the Industrial Disputes Act, 1947, and the Labour Court has interfered with the quantum of punishment by an award dated 19.07.2004. The Labour Court has set aside the termination order dated 12.06.2002 and directed reinstatement of the employee with continuity of service and back wages and further directed that after reinstatement in terms of the award, one increment shall be stopped with cumulative effect. The Labour Court has also held that the employee is not entitled for attendant benefits and the period of suspension shall not be counted for any purpose. A writ petition was preferred in the matter and the learned Single Judge has declined to interfere with the order passed by the Labour Cou
The main legal point established in the judgment is the court's authority to re-appreciate evidence in disciplinary proceedings and impose lesser punishment if misconduct is not proved.
The court upheld the principle that the Labour Court has the authority to re-appraise the evidence and come to its own conclusion about the guilt or otherwise of the workman. The court also emphasize....
The court emphasized the importance of proving charges based on evidence and admission, and justified the penalty of dismissal while considering the respondent's reinstatement and service till supera....
The court emphasized the importance of proper evidence and the need for checking cash by the checking staff to establish misconduct. The court also highlighted the limited role of the court under Art....
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