HON’BLE Dr. JUSTICE K.G. SHANKAR
Writ Petition No.5346 of 2001
Date: 22.01.2014 Between:
B. Dasharath, S/o. Ganga Rao, Age: 33 years, R/o. 4-9-38, Sanjeev Nagar, Near Vishwa Shanti School, Adilabad. … Petitioner AND The Industrial Tribunal-cum-Labour Court, Godavarikhani, and another. … Respondents HON’BLE Dr. JUSTICE K.G. SHANKAR
Writ Petition No.5346 of 2001
ORDER:
The petitioner seeks for a Writ of Certiorari to set aside the award of the first respondent/Industrial Tribunal-cum-
Labour Court, Godavarikhani (the Tribunal, for short) in I.D.No.198 of 1997 confirming the termination orders of the petitioner dated 13.05.1997 and for consequential reliefs.
2. The petitioner joined Andhra Pradesh State Road Transport Corporation (the Corporation, for short) as a Conductor in 1987. A charge sheet was issued to the petitioner on 20.11.1996 consisting of three charges. The petitioner offered his explanation on 05.12.1996. Not satisfied with the explanation offered by the petitioner, disciplinary enquiry was conducted against the petitioner. The petitioner was ultimately found guilty and was terminated from service through orders dated 13.05.1997. The administrative appeal of the petitioner was rejected on 28.06.1997. Aggrieved by the same, the petitioner raised I.D.No.198 of 1997 before the Tribunal. A nil award was written by the Tribunal on 15.09.2000. Assailing the same, the present writ petition is laid.
3. The primary contention of the learned counsel for the petitioner is that the Tribunal did not consider the case of the petitioner and did not appreciate the rival contentions and that it passed a cryptic order.
The Tribunal held at the end of the para-12 that the contention could not be believed and held at the end of the para-15 that the arguments could not be accepted in the award.
4. No reasons were assigned by the Tribunal as to why the contention of the petitioner could not be believed and that the arguments could not be accepted. Thus, the order of the Tribunal was a non-reasoned order.
I, therefore, deem it appropriate to set aside the order of the Tribunal and remit the case to the Tribunal for fresh consideration according to law.
5. Accordingly, the writ petition is allowed in part. The award of the Tribunal dated 15.09.2000 in I.D.No.198 of 1997 is set aside. The case is remitted to the Tribunal for fresh consideration and dispose of the same according to law after according opportunity to both sides. The Tribunal may recall that the incident occurred in 1996 and the order of the termination was in 1997 and the order of the Tribunal was passed in 2000. Therefore, the Tribunal is requested to take expeditious steps to dispose of the I.D.No.198 of 1997 preferably within a period of three months from the date of receipt of a copy of this order. No costs. Miscellaneous Petitions, if any pending in this writ petition, shall stand closed.
Dr. K.G. SHANKAR, J Date: 22.01.2014 Isn