THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.33335 of 2013

ORDER

The petitioner was appointed as Conductor on 04.12.2008. He was terminated from service vide proceedings dated 13.09.2011 for the reason that he altered ticket numbers thereby committed irregularities when closing/writing ticket numbers in the Statistical Ticket Accountable and Record (STAR) document while performing duty on 07.05.2011 on Bus Service No.73/1. The Appeal, and Review, petitions preferred by the petitioner were rejected on 05.12.2011, and 05.01.2012, respectively. Aggrieved thereby, he raised an Industrial Dispute vide ID No.10 of 2011 before the Labour Court-I, Hyderabad. The Labour Court, after due enquiry, passed an Award dated 25.08.2012 directing reinstatement of the petitioner afresh, without continuity of service, or backwages, or attendant benefits. Challenging the same, the present petition is filed.

2. Heard Mr. P. Venkateshwer Rao, learned counsel for the petitioner, and Mr. M. Ram Mohan Reddy, learned Standing Counsel for respondent-Road Transport Corporation.

3. Learned counsel for the petitioner while making submissions on the lines of writ affidavit, would submit that the Labour Court, having held that the punishment of termination from service is shockingly disproportionate to the gravity of misconduct, ought to have reinstated the petitioner with continuity of service. He relies on the judgment of Hon’ ble Supreme Court in Colour-Chem Limited v. A.L.

Alaspurkar, [1998 (3) SCC 192]

4. Learned Standing Counsel, on the contrary, justifies the impugned Award and submits that the Award has been passed after due consideration of the facts of the case and material on record, and therefore the Award needs no interference.

5. The grievance of the petitioner lies in a narrow compass, which is precisely with regard to relief granted by the Labour Court while observing that the punishment is highly disproportionate vis-à-vis the misconduct. At this juncture, it is relevant to refer to the judgment of Hon’ ble Supreme Court in Colour-Chem (supra) wherein the petitioners therein/workmen were terminated from service for sleeping while on night shift duty. The Labour Court ordered reinstatement of workmen with continuity of service, however deprived them of backwages. When the matter went before the Hon’ ble Supreme Court, it was held in paragraph 14 of the judgment as follows:

14. So far as this point is concerned it has to be held that when the punishment of dismissal was shockingly disproportionate to the charges held proved against them reinstatement with continuity of service was the least that could have been ordered in their favour.

6. Considering the respective submissions, and perusing the record and also the judgment in Colour-Chem (supra), the writ petition is disposed of holding that the petitioner is entitled to reinstatement with continuity of service. The rest of the impugned Award holds good in the facts of the case. No costs. Miscellaneous petitions pending, if any, shall stand closed.

_______________________________________ JUSTICE NAGESH BHEEMAPAKA

21.09.2024 ksm THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.33335 of 2013

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