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2012 DIGILAW 621 (AP)

D. R. K. Raju v. Industrial Tribunal-cum-Labour Court

2012-07-19

L.NARASIMHA REDDY

body2012
Judgment :- The petitioner was employed as a Conductor in the A.P.S.R.T.C. In 1992 he was working in the Khammam Depot. On 18-08-1992 he was entrusted with the duty, to conduct a service from Khammam to Thimmaraopet. A check was effected after stage No.1. It was found that the petitioner collected a sum of Rs.5.50 ps., each, from five individual passengers and issued tickets of the denomination of Rs.5.50 ps., each. The said tickets were found to be totally unconnected. Three charges were framed against the petitioner under the relevant provisions of law, and a charge-sheet was issued. Domestic enquiry was conducted, and on finding that the charges were proved, the disciplinary authority passed an order dated 29-09-1993, terminating the services of the petitioner. After exhausting the departmental remedies, the petitioner approached the Labour Court, Warangal, under Section 2-A(2) of the Industrial Disputes Act. Through award dated 26-10-1996, the Labour Court refused to grant any relief to the petitioner. The same is challenged in this writ petition. Heard the learned counsel for the petitioner, learned Government Pleader for Labour, and learned Standing Counsel for the A.P.S.R.T.C. The Labour Court observed that the domestic enquiry held against the petitioner was valid. It proceeded to address all the charges, and to consider the proportionality of the punishment. Ultimately, it refused to grant any relief to the petitioner. The basic charge against the petitioner is that he collected fare of Rs.5.50 ps. each, from five passengers, and issued unrelated tickets. Hardly any explanation is forthcoming from the petitioner. It is not a case where the petitioner failed to issue tickets, or reissued the used tickets. The particulars of the tickets, that are given to the conductor; are entered in the statistical report. He is supposed to issue only those tickets, and not others. In the course of discharge of duties, there may be instances where a ticket of one denomination is issued for another, or on account of rush, the conductor failed to issue tickets, even after crossing the ticket issuing point. Issuance of unrelated tickets is one of the most serious acts of misconduct, which a conductor can be accused of. It is only with a perfect design, and premeditation, that totally unrelated tickets can be possessed by a conductor. Issuance of unrelated tickets is one of the most serious acts of misconduct, which a conductor can be accused of. It is only with a perfect design, and premeditation, that totally unrelated tickets can be possessed by a conductor. The result would be that the conductor would appear as though he is performing the duties properly by collecting fare and issuing tickets, but the entire revenue through sale of these tickets would go to him, and not to the Corporation. It can be said to be one of the heinous crimes against the Corporation; and the people, who resort to such things, do not deserve any sympathy. As a matter of fact, they deserved to be prosecuted for committing fraud on the Corporation. The writ petition is accordingly dismissed. The miscellaneous petition filed in this writ petition also shall stand disposed of. There shall be no order as costs.