IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI WRIT PETITION No.4991 of 2003

19^TH FEBRUARY, 2026 Between:

APSRTC rep. by its Managing Director and 2 others … Petitioners AND M.Raju and another …Respondents : O R D E R :

This writ petition is filed to Issue a Writ, Order or direction more particularly one in the nature of Writ of Certiorari, calling for the records relating to the impugned award dated 18.07.2002 made in I.D.No.44/00, Labour Court-III, Hyderabad, published on 25.09.2002 setting aside the order of removal dt.27.09.1997 and directing reinstatement of 1^st respondent into service with continuity of service with postponement of two annual grade increments without cumulative effect, but without back wages and other attendant benefits, as being illegal, without jurisdiction.

2. Heard Mr.K.Harinath, learned counsel appearing for the petitioner and learned Government Pleader for Labour for respondents. Perused the record.

3. Learned Standing Counsel for the petitioners submits that the 1^st respondent, while working as a Conductor in the petitioner- Corporation attached to Narketpalli Depot, was removed from service by proceedings dated 17.09.1997 issued by the Depot Manager, Narketpalli, after conducting a due and proper domestic enquiry. The enquiry was conducted pursuant to the charge sheet dated 29.03.1997, wherein the respondent was afforded full and reasonable opportunity to defend himself.

4. The charges levelled against the 1^st respondent are as follows:

i) For having failed to observe the rule of “Issue correct tickets and start”, which constitutes serious misconduct under Regulation

28(xxxii) of the APSRTC Employees (Conduct) Regulations, 1963.

ii) For having issued tickets bearing Nos. 007/119934 to

007/119936 of Rs.2/- each to a batch of three passengers, after collecting the requisite fare at their boarding point, namely Mungode, Stage No.1, bound for Kachilapuram, Stage No.2, but showing the same as issued at Ukondi, Stage No.21, and accounting them in the SR as such, thereby reissuing the tickets while conducting Bus No. 5469 on route Mangode–Chityal on 04.02.1997. The said act amounts to serious misconduct under Regulation 28(xxxii) of the APSRTC Employees (Conduct)

Regulations, 1963.

5. It is further submitted that the order of removal was confirmed in appeal by the Deputy Chief Traffic Manager, Nalgonda, vide proceedings dated 29.02.1998, and thereafter in review by the Regional Manager, Nalgonda, vide proceedings dated 17.12.1998. Consequently, the original order of removal merged with the appellate and review orders and ceased to have an independent existence.

6. Subsequently, the 1^st respondent filed I.D. No.44 of 2000 before the Labour Court-III, Hyderabad, seeking to set aside the order of removal and for reinstatement with full back wages and continuity of service. The petitioner Nos.2 and 3 filed their counter affidavit opposing the claim. The 1^st respondent also filed a memo under Section 11-A of the Industrial Disputes Act, without disputing the procedural aspects of the domestic enquiry.

7. By order dated 11.01.2002, the learned Labour Court upheld the validity of the domestic enquiry and categorically held that the charges stood proved. However, while accepting the findings of misconduct, the Labour Court opined that in view of the 1^st respondent having put in 12 years of service, the punishment of removal was disproportionate to the gravity of the misconduct.

8. Accordingly, by the impugned award dt.15.07.2002, the Labour Court set aside the order of removal and directed reinstatement of 1^st respondent with continuity of service, but without back wages and other attendant benefits, and imposed the penalty of postponement of two annual increments without cumulative effect. Hence, he prays to allow the writ petition.

9. Per contra, learned Government Pleader for Labour submits that the Labour Court has passed a well-considered Award. The Labour Court observ