THE DEPOT MANAGER A.P.S.R.T.C. versus P. JAYARAM REDDY

THE DEPOT MANAGER A.P.S.R.T.C. versus P. JAYARAM REDDY

High Court erred in interfering with Labour Court's discretionary jurisdiction and awarding full back wages where Labour Court found punishment harsh but not wholly illegal, and respondent had obtained alternate employment; impugned High Court judgment set aside.

Parties
Appellant: Depot Manager, A.P.S.R.T.C.; Respondent: P. Jayaram Reddy
Jurisdiction
India
Judgment Date
18 December 2008
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Andhra Pradesh High Court Affirming Single Judge Order in Writ Appeal No. 2013 of 2004
Outcome
Appeal allowed; impugned judgment of High Court set aside.
Legal Topics
Back Wages, Reinstatement, Misconduct, Discretion Under Section 11 a Industrial Disputes Act
Labour Law Back Wages Reinstatement Misconduct Discretion Under Section 11 a Industrial Disputes Act

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Parties

Depot Manager, A.P.S.R.T.C.

Appellant

P. Jayaram Reddy

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Andhra Pradesh High Court Affirming Single Judge Order in Writ Appeal No. 2013 of 2004

Legal Issues

  1. 1 Whether High Court was right in interfering with Labour Court's discretionary order refusing full back wages after reinstatement
  2. 2 Nature and consequences of removal from service for misconduct in context of reemployment and disclosure

Ratio Decidendi

High Court erred in interfering with Labour Court's discretionary jurisdiction and awarding full back wages where Labour Court found punishment harsh but not wholly illegal, and respondent had obtained alternate employment; impugned High Court judgment set aside.

Court Disposition

Appeal allowed; impugned judgment of High Court set aside.

Orders

  • Impugned judgment of High Court is set aside.
  • Amount of Rs.83,954/- already paid by way of back wages shall not be recovered from the respondent.