The High Court · 2025

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 Award in lD No. 1112019 dated 08.06.2022 on the file of the lndustrial Tribunal - ll, Hyderabad which was published in Telangana Gazette vide G.O.Rt No.309 dated

30.06.2022 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 fited in support of the petition, the High Court may be pleased to grant stay of execution of the Award passed in lD No. 1112019 dated 08.06.2022 on the file of ther lndustrial Tribunal - ll, Hyderabad, pending disposal of above W.P. No. of 2022. counsel for the Fetitioner: sRl N. PRAVEEN REDDY, s.c. FoR TSRTC Counsel for the Respondents: SRI p. VENKATESWAR RAO The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION NO.42666 OF 2O22 ORDER: Heard Sri N.Praveen Reddy, learned standing counsel appearing on behalf of the petitioner corporation and Sri P.Venkateswar Rao, learned counsel appearing on behalf of the respondent.

2. The oetitioner aoproached the Court seekinq oraver as under: "...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari, calling for records relating to Award in ID No. tL/2019 dated 08.06.2022 on the file of the Industrial Tribunal - II, Hyderabad which was published in Telangana Gazette vide G.O.RI No.309 dated 30.06.2022 and quash the same as arbitrary, illegal and without jurisdiction and pass..."

3. The case of the petitioner in brief as oer the averments made in the affidavit filed bv the petitioner in suooort of the present Writ Petition is as under:- The case of the petitioner in brief is that the respondent was engaged as casual driver on 03.10. L99!, subsequently respondent's services were regularized w.e.f. 13. 11 .L992. 2 SN, J It is further case of the petitioner that tne respondent had involved in an accident, whire performing hi:; duties as driver, which resulted into death of a cyclist. There;rfter the petitioner issued a charge sheet dated 06.1 2.rgg7 agairst the respondent but the respondent didn't provide any explaration to the said charge :sheet hence the petitioners conductetj detailed enquiry after providing reasonable opportunity to thr: respondent and enquiry report was submitted on 12.04.1998. Subsequenuy, the respondent submitted his detailed objections on 26.06.19g8 against the enquiry report and the petitior ers after careful observation of the said enquiry report and the respondent,s objections imposed punishment reduction of pay by two incremerrt stages for a period of "2" years. Later on appear preferred by the respondent was dismissed and the review petition was parUy allowed by reducing the purishment to one (01) year. The respondent once again fired review se:eking to remove the entire punishment by rerying the rower court judgment pertaining to the criminal case filed against lrim wherein the respondent was acquitted on benefit of doubt but the same was dismissed. Subsequenily the respondent approached the ,/ aJ SN. J industrial tribunal after 18 years of delay against the dismissal of review petition and the Industrial Tribunal had passed the award in favour of the respondent. Aggrieved by the same, the petitioner preferred the present writ petition. PERUSED o E REC RD. DISCUSSION AND CONCLUSION:.

4. Learned standino counsel appearinq on behalf of the oetitioner submits that agorievecl aqainst the orcler Glated

22.03.20 1 oassed bv the Deoot Manaoer, Di khnaoar Deoot, the resoondent herein had preferred I.D.No.11 of 2O19 on the fite of the Industrial Tribunal-Il at Hvderabad and the same was disoosed of on O8.05.2O22 and it is observed as under at para No.17 of the said Award:- L7. After thorough appreciation of the facts and evidence available on record, this Tribunal is of the opinion that it would meet the ends of justice if the reference is answered as follows:

1. The orders passed by the RM, Hyderabad City Region vide proceedings No. PA(232)12000-HCR dated 22-03-2001 are hereby set aside.

2. The modified order shall be read as: "The petitioner deserves the punishment of reduction of pay by two incremental stages for a period of 1 year without the effect of postponement of future increments", 4 SN. J

3. The arrears of pay shall be paid to :he petitioner from 2,C16 onwards but not earlier to that year.

5. Learned standing counser appearing on beharf of the petitioner herein submits that aggrieved against the said order, dated 09.06.2022 passed in r.D.No.11 0f 201g on the file of the rndustriar Tribunal-rr at Hyderabad, the petitioner herein filed the present writ petition. 6 n a) The Tribunar went wrong in passinrg of the order, dated 08.06.2022 in r.D.No.11 of 2019 orn the file of the rndustrial Tribunar-rr at Hyderabad in farrour of the sore respondent herein, ignoring the fact that the claim of the sole respondent herein was a stale claim and further ignoring the fact as borne on record that the order passed against the sole respondent was in the year 1999 and the same was challenged in the year 2019 anrl therefore, the proceedings itself are barred by law. b) The Tribunal erred in modifying the punishment as reduction of pay by two incrementar stages for a period of / I 5 SN. J one year without the effect of postponement of future increments with arrears of pay to be paid to the respondent from ?OtG onwards but not earlier to that year. c) The Tribunal had committed serious irregularity and interfering with the said punishment of reduction of pay by two incrementat stages for a period of one year with cumulative effect though there are no procedural defects in conducting the domestic enquiry. d) The workmen/the sole respondent herein having accepted the punishment order filed an application before the Joint Commissioner of Labour after lapse of more than 18 years without explaining the said 18 years delay and the Tribunal failed to appreciate the fact that having held the domestic enquiry valid vide its order, dated

05.10.2O21, the Tribunal ought not to have interfered with the punishment and modified the same. 6 SN,.I e) The petitioner cannot be burdened with payment of arrears from the year 2016 since the r.espondent had slept over his rights for more than 1g years. allowed as oraved for. Learned counser appearing on rreharf of the 7 ' respondent on the other hand contends that the petitioner cannot plead delay and taches in denying the respondents legitimate rights and deray cannot defeat equity when it comes to rights of the respondent, the respondent cannot be deprived of the same on the ground of delay.

8. The learned standing counset appearing on beharf of the petitioner fairly submits that modification indicated vide the order, dated 09.06.2022 in r.D.No.:t 1 0f 201g on the file of the rndustrial Tribunal-rr at Hyderabad shail come into effect w.e.f. 25.09.2025. / 7 SN, J g. The learned counsel appearing on behalf of the respondent does not dispute the said submission made by the learned standing counsel appearing on behalf of the petitioner.

10. Ta kino into co ration:- a) The aforesaid facts and circumstances of the case. The submissions made by the learned standing b) counset appearing on behatf of the petitioner and learned counset appearing on behalf of the respondent. c) The contents of the impugned proceedings No.PAl2 0(232)]2OOO-HCR, dated 22"'O3.2OO1 of the Depot Manager, TSRTC, DSNR Depot(Hyderabad City Region) d) The relevant portion of the Award, dated 08.06.2022 passed in I.D.No.11 of 2O19 on the file of the Industrial Tribunal-II at Hyderabad (referred to and extracted \ \ above) This rrt onines that tha nlea of the T 8 SN, J r order as to costs. Miscellaneous petitions, if dhy, pending in this Writ Petition, shall stand closed. To //TRUE COPY// I

1. One CC to SRI N. PRAVEEN REDDy, S.C. for 2. One CC to SRI P. VE 3. Two CD Copies NKATESWAR RAO, Advocate [OF,UC] I P. PONNA KRISHNA ISTANT RE SECTION OFFICER \ IoPUCI MP M,',./ GC TOpAY i_ / HIGH COURT DATED i2410912A25 (r (-) t -I. S 0 0 0E[ 2[?5 -1. ORDER WP.No.42666 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1/' q