THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.4425 OF 2013

ORDER:

This Writ Petition is filed seeking to call for the records pertaining to the Award, dated 20.08.2007, passed in I.D.No.1 of 2006, by the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad, (for short, ‘the Labour Court’) and set aside the same to the extent of denial of back wages, and consequently, sought direction to the respondents to pay the back wages from the date of termination till the date of Award in I.D.No.1 of 2006.

2. The brief facts of the case are that the petitioner was appointed as an NMR in the respondent-Federation in the year 1971. While so, the officials found some cut currency notes accumulated at their Zonal Office and they were given to the petitioner and he was instructed to handover those notes to the 1st respondent. However, those notes were not accepted by the 1st respondent and the amount was recovered from the petitioner’s salary for the period from 02.02.1997 to 16.04.1997. It is the further case of the petitioner that, on the very same issue of misappropriation of milk sale proceeds to a tune of Rs.1,550-30, he was issued with a charge sheet, dated 10.09.1997, for which, the petitioner submitted his explanation on 10.11.1997. While the matter stood thus, the respondents issued another charge sheet, dated 19.06.1999, on the allegation of his unauthorized absenteeism w.e.f.21.03.1997, for which, the petitioner has submitted his explanation. However, without considering his explanations on both the occasions, the respondents have clubbed the two charge sheets and conducted an enquiry. Thereafter, the Enquiry Officer held the petitioner guilty of the charges leveled against him and basing on his enquiry report, dated 04.11.1999, the petitioner was issued with a show cause notice, for which, he has submitted his explanation. However, having not been convinced with the same, the petitioner was removed from service vide proceedings, dated 21.06.2000. Challenging the same, the petitioner preferred an appeal before the appellate authority and the same was rejected. Aggrieved by the same, he approached the Labour Court by filing I.D.No.1 of 2006, and the same was allowed in part vide Award, dated 20.08.2007, setting aside the removal order, dated 21.06.2000, and the respondents were directed to reinstate the petitioner into service, with continuity of service and all other attendant benefits, except back wages. Challenging the same, the respondents filed W.P.No.7363 of 2003 before this Court and the same was dismissed vide order, dated 29.06.2011. Aggrieved by the Award of the Labour Court to the extent of denial of back wages, the petitioner filed the present writ petition.

3. Heard Ms. Ishrath Begum, learned counsel, representing Sri G.Ravi Mohan, learned Senior Counsel appearing for the petitioner, and Sri Ajay Kumar Madisetty, learned Standing Counsel for Telangana State Dairy Development Cooperative Federation Limited, appearing for respondent Nos.1 and 2.

4. Learned counsel appearing on behalf of the petitioner contended that the petitioner was unable to attend to his duties due to the sudden death of his parents and as far as the allegation of misappropriation of the milk sale proceeds is concerned, the amount was already recovered from the salary of the petitioner. It is further contended that Labour Court, having held that there was no sufficient evidence to substantiate the charges leveled against the petitioner, has erred in denying the back wages. It is further contended that the Labour Court ought to have awarded back wages appreciating the fact that the petitioner was out of employment since his removal from service. Hence, learned counsel prayed this Court to pass appropriate orders in the present writ petition.

5. Per contra, learned Standing Counsel appearing for the respondents contended that while the petitioner was working at the Malakpet Zonal Office of the respondent-Federation, on 21.03.199