U. Durga Prasad Rao, J. - (1.) This Writ Petition is filed by the petitioner challenging the Award dated 06.08.2003 in I.D.No.48 of 2001 passed by the Presiding Officer, Labour Court-III, Hyderabad, whereunder the petitioner was reinstated into service as Fresh Record Tracer but without back wages and attendant benefits.
(2.) The factual matrix of the case is thus: a) The petitioner was appointed as Sweeper in 2nd respondent Corporation in the year 1978 and thereafter she was promoted to the post of Record Tracer in the year 1991. While so, she fell sick in the month of September, 1999 and underwent treatment at Tarnaka Hospital from 25.09.1999 to 12.10.1999. The doctors diagnosed that she was attacked with jaundice. Therefore she went to her native placeMahabubnagar for taking Unani treatment and from there she sent leave letter along with Medical Certificate to the respondent authorities. After recovering from Jaundice when she reported to duty on 13.10.2000 along with Fitness Certificate, she came to know that she was removed from service and she was issued with charge sheet dated 02.11.1999 with the following charge: " For having absent to your duties from 13.10.1999 to till date in continuation to RTC sick from 25.09.1999 to 12.10.1999 and latter submitted private sick certificate issued by the private clinic, Nalgonda for the above period to cover your absence, causing much inconvenience in attending day-to-day work and important documents to be sent to other departments were held up for want of postal stamps, further you have not handed over the keys of record room to anybody before reporting sick thereby caused dislocation of work in dispatching section, which constitutes misconduct under Regulation 28(xxii)of APSRTC Employees (Conduct) Regulation, 1963." b) The petitioner did not receive the charge sheet and could not submit her explanation denying the charges. Therefore, the respondent authorities appointed an Enquiry Officer to conduct enquiry into the charges, who in turn conducted enquiry and submitted his report. Basing on the said report the respondent authorities removed the petitioner from service on 29.04.2000. Aggrieved, the petitioner carried the matter in appeal and the appellate authority rejected the appeal confirming the order of removal. Questioning the same, petitioner filed I.D.No.48 of 2001 wherein the Labour Court after hearing and perusing the material on record observed that punishment of removal from service is shockingly disproportionate and does not commensurate with the gravity of misconduct and directed the respondent authorities to appoint the petitioner as Fresh Record Tracer but without back wages and attendant benefits. Hence the instant writ petition.
(3.) Respondent No.2/APSRTC filed counter and opposed the petition contending that petitioner being in responsible post of Record Tracer did not handover the imprest and record room keys due to which there was dislocation of dispatch work. The charge sheet was sent to her residential address calling her explanation. The son of the petitioner on her behalf requested to grant three months leave for taking treatment for jaundice. Thereafter, enquiry was conducted and she was removed from service on 02.11.1999. Aggrieved, the petitioner preferred appeal to Regional Manager, Nalgonda which as rejected. Against which petitioner filed I.D.No.48 of 2001 before the Labour Court which in turn after considering the entire material on record passed an award directing the 2nd respondent management to reinstate the petitioner afresh as Record Tracer. In obedience of the award the petitioner was reinstated into service. Thus the 2nd respondent prayed to dismiss the Writ Petition.;