9911796707
TMI Blog2006 (11) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... hift on 11.09.1986. He also unauthorisedly entered into the tyre section of the depot and stole a new tube of 900 x 20 size on 23/24.09.1986. A sponge sheet was also stolen from the garage of Gajuwaka Depot, where he was working. A charge- sheet was issued to the respondent framing four charges. The charges are as under: 1. For having stolen the Corporation property of fuel injection pump bearing No. AVD 2305 which was fitted to the engine No. 170207 during the night shift on 23/24.08.86 in the garage which constitutes misconduct under Reg. No. 28(x) of APSRTC Employees conduct, Reg.1963. 2. For having stolen the Corporation property of an alternator bearing No. 3440 during the night shift of 11.09.86 when it was fitted to the parked veh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Industrial Dispute. In I.D. No. 139/1992, the Labour Court came to the conclusion that the charges holding that the respondent was involved in a case of theft of the property belonging to the Corporation were correctly proved and the punishment of removal was justified under the factual circumstances of the case. Aggrieved by the award of the Labour Court, the respondent preferred a writ petition before the High Court of Andhra Pradesh at Hyderabad. The learned Single Judge of the High Court came to a conclusion that the charges of theft were correctly proved against the respondent. But, however, came to a conclusion that punishment of removal was not in consonance with the gravity of the charges proved against the respondent. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of the said evidence, rightly removed the respondent from the services of the Corporation. Arguing further, learned counsel for the appellant submitted that the Division Bench of the High Court has also failed to appreciate that once the Labour Court in its award, passed orders of removal, by taking into consideration the entire factual circumstances of the case, it does not deserve interference. The High Court, in its extraordinary jurisdiction under Article 226 of the Constitution could not interfere with the said order of removal. Mr. Vijaya Bhaskar, learned counsel for the respondent strenuously contended that the order passed by learned Single Judge and by the Division Bench of the High Court does not call for any interfer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not deserve any sympathy and therefore he ordered removal from service. Learned Single Judge of the High Court likewise also failed to appreciate the statement given by the delinquent employee admitting the guilt and however ordered reinstatement, continuity of service but without back wages. Likewise, the learned Judges of the Division Bench also failed to appreciate that once the Labour Court in its award held removal from service by taking into consideration the entire facts and circumstances of the case, it does not deserve interference and that the High Court in its extraordinary jurisdiction under Article 226 of the Constitution could not have interfered with the said orders of the removal. The enquiry reports also clearly revea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vested with the Labour Court has been exercised judiciously and fairly. In our opinion, the conclusion arrived at by the High Court in ordering reinstatement; continuity of service was shockingly disproportionate to the nature of charges already proved which is in the nature of theft. It is also not open to the Tribunal and Courts to substitute their subjective opinion in place of the one arrived at the domestic Tribunal. In the instant case, the opinion arrived at by the Corporation was rightly accepted by the Tribunal but not by the Court. We, therefore, hold that the order of reinstatement passed by the Single Judge and the Division Bench of the High Court is contrary to the law on the basis of a catena of decisions of this Court. In su ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
