HON'BLE SRI JUSTICE R. SUBHASH REDDY

Writ Petition No.13640 of 2001

Date: September 20, 2012

Between:

M. Mallikarjuna Rao

… Petitioner

And

The APSRTC, rep. by its Regional Manager, Nalgonda Region at Nalgonda and others

… Respondents

Order:

This writ petition is filed questioning the award dated 07.08.2000 passed in I.D.No.149 of 2005 by the Labour Court III, Hyderabad, to the extent of not awarding backwages and continuity of service.

Petitioner was working as Driver in the A.P. State Road Transport Corporation. He was on duty on 20.01.1993 on bus bearing No.AP.9Z.4286 en-route Kodam – Khammam. The said bus met with an accident at Santhinagar in which a minor girl died and another minor girl suffered head injuries. Attributing negligence on

the part of the petitioner in driving the bus, disciplinary proceedings were initiated and he was removed from service, basing on the findings recorded by the enquiry officer, by order dated 24.07.1973.

As petitioner was unsuccessful before the appellate authority, he filed an application under Section 2A (2) of the Industrial Disputes Act, 1947 on the file of the Labour Court III, Hyderabad. The Labour Court, only on the ground that petitioner was acquitted of the charges in the criminal proceedings, has taken a lenient view by setting aside the order removing the petitioner from service and ordered his reinstatement without back-wages on the principle "no work no pay", treating the period from the date of removal to the date of reinstatement as suspension without pay.

In this writ petition, it is the case of the petitioner that there is no reason or justification for the Labour Court in not awarding

back-wages and not extending the benefit of continuity of service.

A perusal of the impugned award would not indicate any finding on the allegation made against the petitioner with regard to negligence. Similarly, on the ground that petitioner was acquitted from the criminal charges, without discussing the validity of the enquiry proceedings and the

order of removal, the Labour Court ordered reinstatement of the petitioner, without back-wages; in the absence of which and also by applying the principle "no work no pay", this Court is of the considered opinion that petitioner is not entitled for any further relief either with regard to backwages or continuity of service.

For the aforesaid reasons, writ petition is dismissed. No order as to costs.

R. SUBHASH REDDY, J

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September 20, 2012 MRR