HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT APPEAL No. 1079 OF 2006 06-12-2014 BETWEEN The Depot Manager, A.P.S.R.T.C., Visakhapatnam …Appellant And The APSRTC Staff and Workers Federation, Visakhapatnam in the matter of Workman Sri P.V. Rao and another …..Respondents HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT APPEAL No. 1079 OF 2006
JUDGMENT: (per the Hon'ble Sri Justice L. Narasimha Reddy)
This writ appeal is filed assailing the order dated 19-06-2006 passed by the learned single Judge in Writ Petition No.12069 of 2006.
Heard the learned counsel for the appellant and the learned counsel for the respondents.
One P.V. Rao was working as a driver in the Visakhapatnam depot of the APSRTC. On 01-06-1995, he was driving a bus on the route Visakhapatnam to Rajahmundry. An accident occurred on account of collusion between the bus and a car. Two persons travelling in the car died and others received injuries. Disciplinary proceedings were initiated against the driver by issuing charge sheet dated 25-06-1996. After holding an enquiry, the appellant imposed the punishment of deferment of annual increment for a period of two years without cumulative effect and recovery of an amount of Rs.1,000/-. On a representation made by the driver, the 1st respondent - the workers federation took up the matter to the Government. That in turn resulted in reference of the industrial dispute to the Industrial Tribunal-cum-Labour Court, Visakhapatnam (for short, ‘the Labour Court). It was taken up as I.D No. 163 of 2002. Through its award dated 29-12-2003, the Labour Court has set aside the order of punishment. The appellant filed Writ Petition No. 12069 of 2006 challenging the award. The learned single Judge dismissed the writ petition. Hence, this writ appeal.
In the enquiry itself, it emerged that the accident occurred on account of the car, hitting the bus. Obviously for that reason, the appellant imposed the punishment of stoppage of deferment of annual increment for a period of two years without cumulative effect and recovery of an amount of Rs.1,000/-. The Labour Court has re-examined the entire issue with reference to the material on record and found that there was no negligence on the part of the driver. The learned single Judge also dismissed the writ petition after referring the findings recorded in the enquiry as well as the award. It is also brought to our notice that the employee has since retired from service.
We do not find any basis to interfere with the order under appeal. The writ appeal is accordingly dismissed.
The miscellaneous petitions pending in this appeal shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J CHALLA KODANDA RAM, J 06-12-2014 ks