P.V. Sanjay Kumar, J. - (1.) Aggrieved by the Award dated 1.10.2001 passed by the Labour Court -III, Hyderabad, in ID No. 85 of 2000, to the extent it denied him backwages with all benefits for the period that he remained out of employment, the petitioner -workman is before this Court. He seeks a consequential direction to the Andhra Pradesh State Road Transport Corporation (APSRTC) to reinstate him in service as a Driver with continuity of service with full backwages and all other consequential benefits. The petitioner -workman was a Driver in the service of the APSRTC. His services were regularized in the year 1992. He was removed from service by order dated 3.10.1997 on the following charges. 1. "For having absented for duty unauthorisedly from 1.5.1997 till date, which constitutes misconduct under Reg. 28(xxvii) of APSRTC Employees (Conduct) Reg. 1963".
(2.) "For repeated irregular attendance causing cancellation of services, inconvenience to the travelling public, besides loss of revenue to the Corporation, which constitutes misconduct under Reg. 28(xxvii) of APSRTC Employees (Conduct) Reg. 1963". 2. Aggrieved by his removal from service, he invoked the jurisdiction of the Labour Court under Sec. 2 -A(2) of the Industrial Disputes Act, 1947. Upon consideration of the material placed before it, the Labour Court held that the charges levelled against the petitioner -workman were not established. Consequently, the removal order passed against him was set aside. Significantly, during the course of arguments before the Labour Court, the petitioner -workman endorsed that he was not pressing his claim for backwages. It was on this ground that the Labour Court denied him such relief and directed his reinstatement in service with continuity of service.
(3.) The APSRTC did not assail the said Award to the extent it granted relief to the petitioner -workman. Therefore, the only question that falls for consideration is whether denial of full backwages with all other benefits for the period that the petitioner -workman remained out of employment, was justified.;