B. Harinath v. The Presiding Officer
Court: High Court for State of Telangana
Bench: PULLA KARTHIK
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-20. B. Harinath v. The Presiding Officer. Read the judgment and case details on LawSphereX.
Judgment text
[ 33ol I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTYFOUR PRESENT THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION N O: 3470 OF 2024 Between: 51 years, Occ.. Driver, B. Harinath, S/o. Late Jangaiah, Aged about E. 220418, Musheerabad-l Bus Depot, Hyderabad. Hyderabad nyo. U. ttlo. 15-317t1, Thirumalandgar, Almasguda, ... P€TITIONER AND Hyderabad 1 . The Presiding Officer, Labour Court-|, Chandravihar, ^. Rep its Vice Chairman Z. f ne feiangaia State-Road Transport Corporation, -' anO tr,tanaling Director, Bus Bhavan, Musheelalad, Hyderabad- 3 ihe Regio"naiManager, Hyderabad Region, TSRTC, Hyderabad' Bus Depot, Musheerabad, +. fn" Oe6ot Managerl, TSRTC, Musheerabad-l HYderabad . '. RESP. NDENT.
PetitionunderArticle226oftheconstitutionoflndiaprayingthatinthe filed the High court may be circumstances stated in the affidavit therewith, particularly one in the nature of pleased to issue a writ, order or direction more inaction of the 1st Respondent passed the wRlT oF oERTIORARI declaring the published in GO Rt No' 568 Award in lD NO. I of 2022 which was dated and set 3Ol1Ol2O23 as a NIL award as illegal arbilrary, unjust disproportionate to reinstatement the aside the same and consequential direct the . respondent dated 16/04/1 986 with petitioner into service as per the circular No. PD-43/86 with full back wages as the continuity of service with all attendant benefits 1 8622 of 2019 dated petitioner acquitted the from the criminal case in cc No. chief 11t}gl2123 on the file Honourable lx Addl.
Metropolitan Magistrate Hyderabad lA NO: 1 OF 2024 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 direct the respondents lo consider the petitioner representation daled 0611212O23 lor reinsta{ement into service as per the circular No. PD-43/86 dated 16/04/1986 as the petitioner acquitted from the criminal case in cc No. 18622 of 2019 dated I ^rl v 11logl2o23 on the fite of Honourabte lX Addl. Chief Metropotitan Magistrate at Hyderabad COUNSEI fOr thE PEtitiONEr: SRI VENKATESWERLLU KESAMSETTY Counsel for Respondent No. 1: GP FOR LABOUR Counsel for Respondent Nos. 2 to 4: SRI THOOM SRINIVAS, SC FOR TSRTC Th. e Court made the following: ORDER '7 THE HON'BLE SRI JUSTICE PULLA I{ARTHIK trrRIT PETITION No. 347O of 20. 24 ORDER: With the consent of both the parties, the Writ Petition is disposed of at the stage of admission itself.
2l This Writ Petition is filed seeking the following relief: "... declaring the inaction of the 1"t Respondent passed in Award in ID No. 9 of 2022 which was published in GO Rt. No. 568 dated 30-10-2023 as a NIL award as illegal arbitrary, unjust disproportionate and set aside the same and consequential direct the respondent to reinstate the petitioner into service as per the circular No. PD-43/86, dated 16-04- I986 with continuity of service with all attendant benefits with futl back wages as the petitioner acquitted tl. e from the criminal case in CC No. 18622 of 2019 dated 1l-O9-2O23 on the file Honlrle IX Addl- Chief Metropolitan Magistrate Hyderabad ... " 3) Heard Sri Venkateswerllu Kesamsetty, learned counsel for the petitioner, Iearned Government Pleader for Labour appearing for respondent No. 1, arrd Sri Thoom Srinivas, learned Standing Counsel, appearing for respondents 2 to 4.
4l Learned counsel for the p€titioner has contended that the petitioner was appointed as driver ot 2O. O1. 2O11 and thereafter his services were regularized w. e. f. O1. O5. 2O 14. While so, on 17. O7. 2019 while the petitioner was discharging his duties, he was involved in a fatal road accident, for which, besides initiation of criminal proceedings for the offence punishable under Section 304- 2- A of Indian Penal Code, he was placed under suspension and charge sheet dated O3. O8. 2019 1ry45 issued to him. After conducting an enquiry, he was removed from service on 1a. 12. 2O2O. Aggrieved by the same, the petitioner has filed appeal and review, which were dismissed by the authorities on 21. 06. 2021 and 24. 07 . 2O2 I respectively. Further, the Mercy Petition frled by the petitioner before the Executive Director was also dismissed on 16. ll. 202l. Aggrieved by the same, the petitioner has raised an Industrial Dispute in I. D. No. 9 of 2022 and vide impugned award dated 23. 08.
2023 the Labour Court-I, Hyderabad, (in short '["abour CourtJ has dismissed the I. D. At that juncture, the petitioner was acquitted from the criminal case vide judgment dated I 1. O9. 2023 passed by the IX Additional Chief Metropolitan Magistrate at Hyderabad in C. C. No. 18622 of 2079. Therefore, on 06. 72. 2023, the petitioner has made a representation to the Regional Manager-third respondent herein seeking reinstateilent into service in view of acquittal from criminal case and also in the light of Circular Instruction No. 17 vide Circular No. PD-43/86 dated 16. 04. 1986. However, till date no orders are passed thereon. Therefore, the learned counsel has prayed this Court to issue necessary directions to the respondents. _J- - 5) Per contra, the learned Standing Counsel has submitted that respondent No. 3 will consider the representation dated 06. 12. 2023 submitted by the petitioner and pass necessary orders thereon in accordance with law.
6l In view of the above made submissions, without going into the merits of the case, the Writ petition is disposed of directing the respondent No. 3 to consider the representation dated 06. 12. 2023 submitted by the petitioner ald pass appropriate orders thereon, strictly in accordance with law, in terms of Circular Instmction No. 17 vide Circular No. PD-43/86 dared 16. 04. 1986 and duly taking into consideration the judgment dated 11. 09. 2023 passed by the IX Additional Chief Metropolitan Magistrate at Hyderabad in C. C. No. 18622 of 2019, within a period of six weeks from the date of receipt of a copy of this order and communicate a copy thereof to the petitioner. Miscellaneous petitions pending, if any, shall stand closed. No costs. Sd/. C. PRAVEEN KI,/MAR ASStsrANr REyTRAR //TRUE COPY// sEcTtoN oFF|CER To, Labour Courti, Chandravihar, Hyderabad. 1 IE Er-"qlOllg. Officer, ;: ji! [ifll,l];:Xf&? :+#Sl1? i. '',i8P"B3al'#,I"og[1:m,Ff;",. 0,0, Hyderabad 4. One CC to Sri Venkateswedlu..
Kes€msetty Advocate [OpUC] 5. Two CCs to Gp For La-bour, High gout idrih" State;i retjngana. - - "- - IOUTI . --'. ' 6. OneCCto Sri Thoom Srinivas,-SCtorfSniClcje-uc) t*o CD Copies ,16. g ( / I HIGH COURT PK,J DATED: 2010212024 (.. /? (. r L) Zl ,il t-,; . ,L It", -. . -=t? ORDER WP. No. 3470 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS (9cf, * ob
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