High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Certiorari, calling for records relating to the Award in lD No.33/2018 dated 12.08.2021 on the file of the Labour Court - ll, Hyderabad which was published in the Telangana Gazette vide G.O.R.T No.4BS dated 30.09.2021 and quash the same as arbitrary, illegal and without jurisdiction lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in lD No.33i2018 dated 12.08.2021 on the file of the Labour Court - ll, Hyderabad of above W.P. No. of 2021 Counsel for the Petitioner: SRl. M. RAM MOHAN REDDY (SC FOR TSRTC) Counsel for the Respondents: SRI P. VENKATESWAR RAO The Court made the following: ORDER I : I I I i i I I l I I

7./-. I I I I I I I I i ; I l 1 I ! I i I I I t HON,BLE MRS JUSTICE SUREPALLI NANDA' ITP o o,7 80 o ORDER: Heard Sri M' Ram Mohan Reddy'' learned counselfor'l'GRTC'appearingonbehalfofthe Standing petitioner andSriP.VenkateswaraRao'learnedcounselappearingon behalf of the respondent'

2. Ihe Det lonera roa ched the Co urts D no Draver as u nder: ". to issue an appropriate writ' order or (lirection rrore particularly one in the nature of Writ of Cr:rtiorari' calllng frlr records relating to the Award in 1D No' i3l2018 dated, 12.08 .:2OZ:_ oe' the file of the Labour r'lourt-I1' Fyderatrad which was published in the Telangana Gazette vide G.O.RI No.4B5 dated 30'09' 2021 and qt',ash the same e s arbitrary, illegal and without jurisdic:ion and pass stch further order or orders as this Hon'Dle court rnay dt:ems fit and proper in the circumstanct'rs of the case. in brief, is that th': resPondent 3. The c;lse of the Petitioner' hereir, who is the TGRTC conductor' was removed from service tn the year 2ClB after being caught collecting fare without issuing a ticket, mis lehaving with checking staff' and danraging official records. A )roper enquiry was held' and the charges' were proved' 2 Despite accepting the enquiry, the Labour C 12.08.2027 in I.D. No.33 of 2018, set aside the ordered reinstatement with 50o/o back wages. same, the petitioner filed the present writ petition. SN,J wp_778 2022 ourt, vide Rward dated removal order and Aggrieved by the R E E o D

4.7 n e urt V d 2 o ervi n a f V u r e t o 1 2 2 a s d o er tn A "Heard learned perused the record. counsel for the petitioner and The petitioner tont"nos that the Court below erred in passing ,nu ra* that tnu,",pono jf:::' _"J[:::i:rJ]Tr j:; witness to corroborate his statement that the petitioner made a detailed endor who boarded ut snu msffi ;:l;il:i:::::::il: fare and did not take the ticket; that the said passenger paid Rs.400/_ to the respondent instead of Rs'418/- being the actuar fare ; and that the punishment of removal from service imposed by the petitioner is disproportionate with reinstate the responde.:' ; r"t"lt::.:I:, ff :ffi |] service along with granting of S0o/o of back wages. *7 3 SN,J ,Yp-778_2022 Th3 petitioner further contends that pursuant to the orde' of the Court below, the respondent' was reinstatec into service with effect from 0B'11'2027 Pr,ma facie, I find force in the above submisisions' Therefore, there shall be interini stay of all further proceedings in I.D. No.33 of 2018 dl' 12'lt:i'2021 to the extent of payment of back wages as direci:ed by tho Court below."

5. Learnerl Standing Counsel for TGRTC appearing on behalf of thrl petitioner and the learned counsel appearing on betralf of the respondent agreed for modification of the Award datecl 12.O8.2O2Lin I.D. No.33 of 2018 on the file of the Labour Court-II, Hyderabad by reducing thr: awarded back wages from 5oo/o to 25o/o while confirming the rest of the a'arard as it stands and further submitterl that the arrears due as per the said award dated 12'O8'2021 could be dir,ected to be paid by the respondent corporation within a period of six weeks from the date of receipt of a copy of this order trpon due verification and proper det:ermination of the amounts payable in accordance to law'

6. -fakinq into consi deratio n: a) -l'he afcresaid facts and circumstances of the case, 4 b) The submissions made by the SN,J wp_778" 2022 learned Standing Counsel appearing on behatf of the petitioner and the learned counsel appearing on behalf of the respondent and, c) The interim order of this Court dated O6.01.2O22 passed in I.A.No.1 of 2O2L in favour of the petitioner, which is in force as on date. The writ petition is disposed of/ upon consent of both the learned standing counsel appearing on behalf of the petitioner and the tearned counsel appearing on behalf of the respondent herein modifying the Award dated 72.Oa.2O21 passed in I.D. No.33 of 2O18 on the file of the Labour court-rr, Hyderabad by reducing the awarded back wages from 50o/o to 2|o/o while confirming the rest of the award dated 12.O9.2021 as it stands. It is further directed that the arrears due as per the said award dated L2.O8.2O2L shail be paid by TGRTC to the respondent within a period of six(6) weeks from the date of receipt of a copy of this order upon due verification and proper determination of the amounts payable in accordance to law. However, there shall be no order as to costs. i 5 SN,J .lp-718 2022 As a sec uel, the miscellaneous petitions, if any, pending in the Writ Petitic n shall also stand closed. //TRUE COPY// SD/. P.PADMANA.BHA REDDY .$BPUTY REGISTRAR \\ . .J '6ECT1ON OFFICER '' Hvderab ad, Tel: ngana State

1. The Decot Nlznager, TSRTC, BHEL Bus Depot Medak z 6l'L'cCi,i'sni' r,,lT.-nnrtr'tvionnu Rr-oo^v (sc FoR TSRTc) 5. 6;; dd i" sni P VENiGTESWAR RAo, Advocate [oPUC] 4. Two CD CoPies District, Near [)PUC] BM KV *7 To, l I i i I I I ! I I HIGH COURT DATED:21 10412025 CC TODAY ORDER WP.No.7:78 of 2022 4i,;,Ti r'{ o 2t n ?i,q5 z a (." 1'. ,i, '.:.:' DISPOSING C)F THE WRIT PETITION WITHOU COSTS t )n )