Between S.Anandan, Chittoor.
THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.266 OF 2010 Dated: 20.01.2010 And The Depot Manager, Chittoor.
… Petitioner … Respondent O R D E R :
THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 266 of 2010 This writ petition is filed seeking a declaration that the award passed by the Industrial Tribunal-cum-Labour Court, Ananthapur dated 12.06.2003 in I.D.No.127 of 2002 is arbitrary and illegal.
I have heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the respondent-Corporation.
The material on record shows that the petitioner herein filed I.D.No.127 of 2002 before the Labour Court, Ananthapur aggrieved by his removal from services of the Corporation. The said I.D.No.127 of 2002 was heard by the Labour Court along with I.D.Nos.11 of 2002, 12 of 2002, 35 of 2002 and 69 of 2002 filed by similarly situated conductors and by a common order dated 12.06.2003 all the I.Ds were dismissed. The said award dated 12.06.2003 so far as I.D.No.127 of 2002 is concerned is under challenge in this writ petition.
It is to be noticed that the above said common order dated 12.06.2003 was the subject matter of W.P.No.5089 of 2004 filed by the petitioner in I.D.No.43 of 2002. Against the order in the said writ petition, the matter was carried to the Division Bench and by judgment dated 28.07.2009 in W.A.No.1924 of 2005 the Division Bench set aside the order of removal and directed reinstatement of the petitioner therein imposing lesser punishment of stoppage of two increments with cumulative effect.
It is also brought to my notice by the learned counsel for the petitioner that following the judgment of the Division Bench in W.A.No.1924 of 2005, the two writ petitions i.e. W.P.Nos.120 and 1443 of 2004 filed by the petitioners in I.D.Nos.38 of 2002 and 39 of 2002 respectively were also disposed of with similar directions.
Having regard to the fat that the present writ petition is directed against the very same common order, which was modified by Division Bench in W.A.No.1924 of 2005 and the petitioners in I.D.Nos.43 of 2002, 38 of 2002 and 39 of 2002 were already granted the relief by modifying penalty of removal to penalty of stoppage of two increments with cumulative effect, I deem it appropriate to grant the same relief to the petitioner herein also.
Accordingly, the impugned award dated 12.06.2003 in I.D.No.127 of 2002 is hereby set aside and the order of removal passed by the respondent-Corporation dated 28.08.2003 shall stand modified to the lesser punishment of stoppage of two increments with cumulative effect.
The writ petition is accordingly disposed of with a direction to the respondent to reinstate the petitioner into service as expeditiously as possible, preferably within a period of six weeks from the date of receipt of this order. No costs.
G. ROHINI, J.
Date: 20.01.2010 Note: Issue C.C. in on week.
B/o KLP