ORDER:

This writ petition came to be filed under Article 226 of the Constitution of India, seeking the following relief:

“to issue an appropriate writ, order or direction more particularly one in the nature of writ of Certiorari declaring the award made in I.D.No.143 of 2012 on the file of the Chairman cum Presiding Officer, Industrial Tribunal cum-Labour Court, Ananthapur as illegal, arbitrary and quash the same by calling for records relating to the said award dated 02.06.2014.”

2. The Depot Manager, APSRTC/petitioner Corporation has filed this writ petition aggrieved by the award passed on 02.06.2014 in I.D. No.143 of 2012 by the Industrial Tribunal- cum- Labour Court, Anantapuram; wherein the issue referred for adjudication is :-

“whether the Depot Secretary, APSRTC, National Mazdoor, Union Allagadda Depot is justified in demanding revocation of punishment of postponement of annual increment next falls due for a period of two years which shall have effect on his future increment and treating the period of suspension as „not on duty‟ for the purpose of leave and wages against R.S.Raju, E.No. 408880 Driver imposed by the Depot Manager, APSRTC, Allagadda vide order No. 01/2(14)/08-ALG, dated 12-08-2009 &

27-02-2010.”

3. Brief facts of the case are that the Driver/workman was appointed in the year 1993 in Respondent‟s Corporation and from the date of joining, he was discharging his duties. While so, a charge sheet was issued to the Driver framing the following charges:-

“1. For having caused the major accident to the vehicle No. AP28Z-1280 due to hitting of right side wall of the culvert bridge and capsized the vehicle thereby traffic was jammed both side up to 5 K.Ms from the accident spot while operating on route Allagadda to Secunderabad on 15-11- 2008 as a result of which 4 passengers injured.

2. For having caused major damages to the vehicle A.P.28Z-1280 of Allagadda depot and cost of damages calculated to a tune of Rs. 60,000/- approximately.”

4. The Driver/Workman has denied the charges leveled against him. An enquiry was conducted and ultimately, a punishment of postponement of annual grade increment next falls due for a period of two years with cumulative effect besides treating the period of suspension as „not on duty‟ for the purpose of leave and wages. Aggrieved by the same, the Workman has filed ID before the Industrial Tribunal cum Labour Court and the court below has passed the following order:-

“In the result, the issue that is referred for adjudication is answered holding that the petitioner is justified in demanding revocation of punishment that is imposed upon the workman through Ex. M-13 order cum show cause notice and Ex. M-15 final order. The Workman thus is entitled for the incremental arrears and also for full wages for the period of suspension along with all attendant benefits.”

5. While passing the above Award, the court has referred the judgment passed in similar circumstances in W.P. No.18299/2005 in a case between K.Jayachandra Reddy Vs. Depot Manager, APSRTC, Kadiri Depot on the file of AP High Court. The relevant portion is extracted below:-

“the first respondent followed a peculiar procedure, in the disciplinary proceedings initiated, against the petitioner. An enquiry was conducted, and on the basis of the report submitted by the enquiry officer, the first respondent has, straight away, inflicted the punishment of stoppage of annual increment, for two years, with cumulative effect. However, he has chosen to issue a show-cause notice, in relation to the period of suspension. On considering the explanation submitted by the petitioner, the first Respondent treated the period of suspension, as not on duty. The appeal and review filed by the petitioner were rejected. Therefore, it clearly emerges that the punishment of stoppage of increment, with cumulative effect was inflicted on the petitioner, without issuing any show –cause notice, after the departmental enquiry was conducted. When the first respondent hi