K DAYANAND Vs. DEPOT MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION
HIGH COURT OF ANDHRA PRADESH
DEPOT MANAGER ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION
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(1.)THIS Writ appeal is directed against the judgment dated December 16, 1986 in Writ Petition No. 3742 of 1985.
(2.)THE appellant is a conductor working in the A. P. State Road Transport Corporation (for short 'the Corporation' ). He was appointed in 1975. On July 25, 1980, while he was conducting the bus AAZ 2202 from Kammam to Nelakondapalli, a surprise check was carried out and it was found that it was found that the appellant herein had not issued tickets between stages 7 and 8 to 19 passengers, who were travailing ticketless in the bus. Charges were framed and a disciplinary enquiry was held with respect to the irregularities mentioned above. In the enquiry, charges were held proved and a second show cause notice was issued on December 19, 1980 proposing removal from service. The appellant offered his explanation; which was considered to be inadequate and an order of removal was passed on January 12, 1981. The appellant filed an appeal to the Division Manager, who is the appellate authority. The appellate authority, while holding that the conductor had indeed allowed 19 passengers to travel without tickets, took note of the fact that he was in the process of completing ticket issues and that while he was going through this exercise, someone among the passengers gave the bell and the bus started. In that view of the matter, the appellate authority held as follows :
"purely on humanitarian ground and on the ground that he was in the act of issuing tickets at the time of check, as stated by the checking officials in the enquiry, and only half stage is passed, I an inclined to take a lenient view in the case with a hope that he will prove his bona fides. I therefore hereby order that Sri K. Dayanand, E. 54569 Ex. conductor of KMM depot be appointed as a fresh conductor, if he applies for and posted to Kothagudem depot. "
The appellant accepted the decision of the appellate authority without any murmur. He applied for a fresh appointment as a conductor and was appointed as such on July 17, 1981.
(3.)THE National Mazdoor Union, however, took up the cause of the appellant and raised a dispute, on the basis of which the matter was referred to the Labour Court by the Government under Section 10 (1) (c) if the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' ). The reference has been made in the following manner :
"whether the demand of APSRTC National Mazdoor Union, Khammam Register No. 3108 for granting continuity of service to Sri K. Dayanand, conductor from January 9, 1981 to July 17, 1981 is justified ? If so, to what relief the workman is entitled ?"
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