THE HON’BLE SRI JUSTI CE NAMAVARAPU RAJESHWAR RAO WRI T PETI TI ON No.18476 OF 2005

ORDER:

The present Writ Petition is filed seeking a Writ of Certiorari to quash the award dated 23.04.2003 in I.D.No.218/2001 on the file of the Labour Court–I, Hyderabad, published on 04.07.2003, insofar as it denies back-wages and attendant benefits, as arbitrary, unjust, and violative of Articles 14, 16 and 21 of the Constitution of India.

2. Heard Sri V. Narasimha Goud, learned counsel for the petitioners, and Sri R. Anurag, learned Standing Counsel for TSRTC, appearing for the respondents. Perused the material on record.

3. Brief facts of the case are that petitioner No.1, K. Venugopal, joined the service of the respondent-Corporation as a Conductor in May 1992, and his services were regularised with effect from 13.09.1996. He continued in service diligently until he was removed from service by the 1^st respondent vide order dated 14.02.2001. Being aggrieved by his removal, the petitioner preferred an appeal, which was rejected by the 2^nd respondent on 17.04.2001. Thereafter, he filed a review before the 3^rd respondent, which was also dismissed on 10.09.2001. Subsequently, the petitioner raised an industrial dispute before the Labour Court-I, Hyderabad, in I.D.No.218 of 2001.

4. On 20.10.2000, while operating bus service on route No.204 from Gandicheruvu to Dilsukhnagar, a check was conducted at Gandicheruvu X-roads by the checking officials. The officials alleged certain irregularities and issued a memo. Subsequently, the petitioner was suspended on 09.11.2000 and a charge-sheet was issued, alleging the following charges:

Charge 1: For having failed to account 11 tickets from 292/706373 to 383 and 387 of Rs.3-75 issued to the passengers who boarded the bus at Gandicheruvu and bound for Pedda Amberpet Ex-stages 14 to 11, which constitutes mis-conduct under Reg.28(vi)(a) of APSRTC Employees (Conduct) Regulations 1963.

Charge 2: For having failed to punch and account four (4) tickets to four passengers i.e., from 282/706383 to 386 of Rs.3-75 paise issued to the passengers who boarded at Gandicheruvu and bound for Pedda Amberpet, Ex-stages 14 to 11, which constitutes mis-conduct under Reg.28(xxxii) of APSRTC Employees (Conduct) Regulations 1963.

5. The petitioner explained that the service he was operating was a sub-urban service and tickets were issued on the run. After issuing tickets to all passengers, when he was about to close the S.R., the checking officials boarded the bus and prevented him from closing it, thereby wrongly implicating him. In fact, all the tickets mentioned in the charges were correctly issued and punched.

6. Despite the petitioner’s explanation, the 1^st respondent removed him from service on apparently suspicious grounds, and the 2^nd and 3^rd respondents upheld the action without proper consideration.

7. The Labour Court, after holding that the domestic enquiry was valid, passed the impugned award dated 23.04.2003, reinstating the petitioner but denying back-wages and other attendant benefits. The petitioner submits that from the date of removal until reinstatement in July 2003, he remained unemployed and suffered significant financial and personal hardship, as he was unable to obtain any alternate employment despite his best efforts. Being aggrieved by the denial of back-wages and attendant benefits, petitioner No.1 filed the present Writ Petition.

8. Learned counsel for the petitioners submitted that the Labour Court erred by observing beyond the scope of the charges. Specifically, the Court assumed that the petitioner intentionally detained earlier tickets and re-issued them, an observation which is not supported by the evidence. He further submitted that petitioner No.1 is no more, and the legal representatives of the deceased petitioner have been brought on record vide order dated 19.08.2025.

9. While finalizing the award, the Labour Court vide order dated

23.04.2003 observed as follows:

“(12) The explanation offered by the pet