A.P.S.R.T.C. & ANR Vs. V. Surender  INSC 1188 (21 July 2008)
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3861 OF
2006 The Depot Manager, Andhra Pradesh State Road Transport Corpn. & Anr.
Versus V.Surender ...
respondent was appointed as Cleaner in the appellant-Corporation in the year
1979. In 1991, he was unauthorisedly absent and there was no information to the
Corporation as to why he was not attending the duty. In this view of the
matter, the Corporation was constrained to issue a charge sheet on 16th of May,
1991. In reply, the respondent submitted a sickness certificate on 21.6.1991 to
cover up his absence. Since the Corporation was not satisfied with the
explanation offered by the respondent, an enquiry officer was appointed to
enquire the charges levelled against the 2 respondent and basing on report of
the enquiry officer, finally the respondent was removed from service on 24th of
April, 1991. An industrial dispute was thereafter raised by the respondent
against the said order of removal and finally the Labour Court, Hyderabad by
its Award dated 12th of March, 1997 held that the orders of removal for the
misconduct was harsh and disproportionate and, therefore, could not be
sustained. The Award of the Labour Court was challenged by the Corporation,
which by the impugned order was affirmed.
However, the High
Court by the impugned order directed the Corporation not to pay 25% of the back
wages. Feeling aggrieved by the concurrent orders of the Labour Court as well
as the High Court, this SLP was filed which on grant of leave was heard in the
presence of the learned counsel for the parties.
have heard the learned counsel for the parties and after going through the
impugned orders, we are of the view that the order of the High Court need not
be interfered with excepting that the payment of any back wages in the facts
and circumstances should not be directed to be paid to 3 the respondent.
Accordingly, we dispose of this appeal by modifying the award of the Labour
Court and by holding that the respondent is not entitled to any back wages from
the Corporation. It is made clear that if the respondent has not yet been
reinstated, he shall be reinstated within two months from the date of supply of
a copy of this order. The appeal is thus disposed of with the aforesaid
modification. There will be no order as to costs.