P NARSIMLU Vs. LABOUR COURT II
LAWS(APH)-2008-11-18
HIGH COURT OF ANDHRA PRADESH
Decided on November 19,2008

P NARSIMLU Appellant
VERSUS
LABOUR COURT II Respondents




JUDGEMENT

- (1.)THIS writ petition is filed for a writ of certiorari to quash award, dated 18. 12. 1998 passed in I. D. No. 75 of 1994 by respondent no. 1 - Labour Court II, Andhra Pradesh, hyderabad, insofar as denying petitioner No. 1 (hereinafter referred to as 'the petitioner')back wages and imposing on him the punishment of deferment of two annual increments for a period of two (2) years without cumulative effect.
(2.)HEARD Sri A. K. Jayaprakash Rao, learned counsel for the petitioners and smt. B. G. Uma Devi, learned Standing counsel for respondent No. 2.
(3.)THE petitioner was a driver of respondent No. 2 - Andhra Pradesh State road Transport Corporation (for short 'the corporation' ). On 16. 01. 1993, when he was on duty on the route Zaheerabad to patancheru driving a bus bearing No. AEX 5477, he has allegedly not stopped the vehicle in spite of observing 100 passengers on the road. The first petitioner was faced with a disciplinary enquiry, wherein a charge sheet was filed with the following charges:
1. For having not stopped the vehicle aex -5477 at the outskirts of nandikandi Village, to allow the passengers of failure vehicle no. AEZ 3673, while proceeding on the same direction which is a misconduct in terms of reg. 28 (ix-a) of APSRTC employees (Conduct) Regulations, 1963. 2. For having caused much inconvenience to the travelling public, besides loss of legitimate revenue of the corporation which is a misconduct in terms of reg. 28 (xvi) of APSRTC Employees (Conduct) Regulations, 1963. 3. For having failed to stop the vehicle despite stopped by the AM (T)/ enquiries, Sangareddy and the STI/ zhb who were also travelling in the failure bus, which is misconduct in terms of Reg. 28 (viii) of APSRTC employee's (Conduct) Regulations, 1963.

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