HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.42613 OF 2022

ORDER:

Heard Sri M. Vijaya Kumar Goud, learned counsel appearing on behalf of the petitioner and Sri R. Anurag, learned Senior Counsel for TSRTC, appearing on behalf of respondent Nos.1 to 4.

2. The petitioner filed the writ petition seeking the following relief “…to issue appropriate order, more particularly one in the nature of Writ of Certiorari calling for the record and to set aside the award passed by the Labour Court-I, Chandravihar, Hyderabad in ID.No.20 of 2018 published on 13.10.2022 consequently direct the Respondents to reinstate the Petitioner into the service along with back wages and continuity of service and to pass…”.

3. The case of the petitioner in brief, as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition is as under:-

The petitioner joined with the respondents’ organization as Driver (on casual basis) in the year 1993 and the petitioner’s services were regularized in the year 1994. On 07.04.2018, respondent No.1 issued a show cause notice to the petitioner alleging that the petitioner was found intoxicated at about 15-05 Hrs., when breath alcoholic analyzer test was conducted at security branch of MHRM Depot. At that time, the petitioner was on service No.21/2, on route No.451, on vehicle bearing No.AP 28-0019, which constitutes misconduct in terms of Reg.No.28(xxxii) of TSRTC Employees (conduct) Regulations, 1963. The petitioner submitted his explanation to the show cause notice, but the respondents without considering his explanation, his past service, conducted enquiry and removed him from the service of the Corporation. Aggrieved by the said decision, the petitioner filed I.D.No.20 of 2019 before the Labour Court-I, Hyderabad, and same was dismissed by the Labour Court vide order dated 05.09.2022. The respondents also rejected mercy petition of the petitioner. The petitioner’s specific case is that the petitioner was not sent to RTC Hospital, Tarnaka for breath analyzer test. Challenging the said order dated 05.09.2022 passed by the Labour Court-I, Hyderabad, the petitioner approached this Court by filing the present Writ Petition.

4. PERUSED THE RECORD.

(A) The relevant portion of the impugned Award dated 05.09.2022 passed in I .D.No.20 of 2019 on the file of Labour Court-I , Hyderabad at page No.22 is extracted hereunder:

“ …Accordingly Sri G. Bhasker, HC obtained signature on breath analyzer test report under Ex.M.2. Apart from the two witnesses the enquiry officer also recorded the statement of petitioner. The statement of petitioner has also revealed that his father was expired and his daughter's two sons aged 3 years and 8 months suddenly expired. His father's death ceremony on 06/04/2018 wherein as per Hindu Customs he served liquor and meals and he did not slept throughout the night and all the relatives went away he came for duty on 07/04/2018 but due to last night late hours and he did not digest fully and the time of breath analyzer check the last night taken liquor shown as 39% against the 30% excuse qualify as per circular. Therefore, the statement of witness including the statement of petitioner as well as Ex.M.2 breath analyzer check report has categorically established that on 07/04/2018 the petitioner having found in intoxicated condition under the influence of 39mg/100 ml alcohol while going to attend duty. As a service driver the petitioner is responsible for the safety and other road users. Therefore it is highly responsible on the part of the public service driver to return out for duty under the influence of consuming alcohol effects the concentration and may lead to serious consequences.

11. Here, I am relying on a decision reported in W.P.No.3100 of 2015 between G. Sudheer, Petitioner Vs. A.P. State Road Transport Corporation. Wherein it is held that:

“…The Corporation is a public - sector undertaking catering to the demand of the public of pro