IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE NINETH DAY OF JUNE, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.21639 of 2002 Between:
The Depot Manager, APSRTC, Sattanapalli, Guntur District . PETITIONER And Paramkusam Subbarao . RESPONDENT The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.21639 of 2002
ORDER:
This writ petition is filed seeking issuance of a writ of certiorari to quash the award of the Labour Court, Guntur passed in I.D.No.219/1998 dated 17.10.2001.
I have heard the learned standing counsel appearing for the petitioner and the learned counsel appearing for the respondent.
The brief facts relevant for disposing of the writ petition may be stated as follows:
A domestic enquiry was conducted against the respondent driver in APSRTC by framing a charge that he caused the death of a boy aged 11 years by driving the bus bearing No.AP9Z-4658 in rash and negligent manner which according to the petitioner corporation constitutes misconduct under Regulation No.28(ix-6) of APSRTC Employees’ (Conduct) Regulations, 1963. After holding enquiry, the enquiry officer submitted his report stating that the charge levelled against the respondent was proved. On receiving the said report, the disciplinary authority issued show cause notice to the respondent and on receiving explanation from the respondent, passed final order on 23.07.1996 removing the respondent from the services of the corporation. Feeling aggrieved, the respondent preferred appeal and it was dismissed. Thereafter, the petitioner filed a review petition and the same was also dismissed.
Ultimately, the respondent raised an industrial dispute in I.D.No.219/1998 before the Labour Court, Guntur under Section 2-A(2) of the Industrial Disputes Act. After making an enquiry into the dispute, the Tribunal passed an award setting aside the order of removal and directing reinstatement of the respondent into service with full back wages. Against the said award, the petitioner Corporation filed the present writ petition.
Pursuant to the award passed by the Labour Court, the respondent was reinstated into service and now he is working as driver in the respondent Corporation. While admitting the writ petition on 30.10.2002, this Court granted interim stay of the award of the Tribunal except reinstatement of the petitioner. Subsequently, the interim order is made absolute subject to condition of the petitioner depositing 50% of the back wages, vide orders dated 13.08.2004.
Perusal of the award passed by the Tribunal and the material available on record it show that the Tribunal reappraised the entire evidence and reached the conclusion that the findings recorded by the enquiry officer in the domestic enquiry are perverse and not based on evidence. The evidence in the domestic enquiry clearly reveals that the accident occurred as the deceased boy who was in a confused state of mind, ran in zigzag manner across the road and thereby got himself involved in the accident. The evidence does not indicate that the accident occurred due to rash and negligent driving of the respondent. It is also born out from the record that the respondent- driver was slowly driving the bus and the boy himself dashed the bus in a confused state of mind by running across the road, fell down and died. The evidence clearly reveal that while the bus was crossing a culvert, the respondent applied breaks on seeing the boy, but the boy being in a confused state of mind, dashed the bus. The learned Tribunal also took into consideration the preliminary enquiry report of T.I-II of the Corporation which indicated that the accident occurred on account of running of the boy in a confused state of mind from left side to right side and again from right side to left side across the road.
Thus, the Tribunal committed mistake in arriving at the decision that the accident was not on account of rash and negligent driving of the respondent. Admittedly, the accident is a fatal and a boy lost his life. Having regard to the nature of the accident which admittedly occurred, the Tribunal ought not to have granted full back wages to the respondent. I am of the view that granting 50% of back wages to the petitioner would be appropriate considering the facts, circumstances and nature of the incident.
Consequently, the award of the Tribunal is confirmed in so far as reinstatement of the petitioner with continuity of service, however, it is modified by granting 50% of back wages instead of full back wages.
In the result, the Writ Petition is allowed in part to the extent indicate above. In the circumstances, there shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 09.06.2014 Dsr