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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
Depot Manager, APSRTC, Narsampet Bus Depot, Warangal – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-Labour Court, Warangal – Respondent
| Table of Content |
|---|
| 1. overview of the disciplinary proceedings against the respondent. (Para 1 , 3 , 4 , 5) |
| 2. arguments regarding the legality of the tribunal's award and the inquiry process. (Para 7 , 8 , 9 , 10) |
| 3. court's analysis of delay and the tribunal's findings. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. final resolution to set aside the tribunal's award. (Para 19) |
ORDER:
NAMAVARAPU RAJESHWAR RAO, J.
This Writ Petition is filed seeking to set aside the Award in I.D.No. 85 of 2006, dated 06.09.2007 passed by the Industrial Tribunal-cum-Labour Court, Warangal.
2. Heard Sri N. Chandra Sekhar, learned Standing Counsel for TGSRTC, appearing for the petitioner, and Sri, P. Sridhar Rao, learned Counsel appearing for the respondent No.2. Perused the material available on record.
3. Brief facts of the case are as follows:
(a) That respondent No.2 was appointed as a temporary Cleaner w.e.f. 25.01.1980 and working under the control of the petitioner at the material time and he is bereft of clean record. The respondent No.2 while working in the night shift from 20.00 hours to 04.00 hours on 13.05.1988 was allotted the duty of sweeping of vehicles. But, after allotting the duties, he had swept on
The Tribunal must not modify disciplinary actions without considering the delay in seeking redress and the context of previous disciplinary proceedings, adhering to principles of natural justice.
The court reinforced that a history of misconduct and undue delay in challenging an award limits entitlement to relief in service matters, aligning with principles on delay and laches.
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