B PARASHURAM Vs. CHIEF TRAFFIC MANAGER

JUDGEMENT

(1.) WRIT petition by a former employee of the respondent -organisation and who had been appointed as trainee driver for a period of two years on a consolidated salary as per order dated 16.4.2000. The respondent -employer while verifying the certificates and credentials presented by the petitioner found that the transfer certificate produced by the petitioner was not a genuine one but a fake certificate and therefore issued notice, held an enquiry and the enquiry resulted in the petitioner being found guilty of the charge of producing fake certificate and removed from service by order dated 10.5.2003.

(2.) PETITIONER had raised a dispute and the matter was before the conciliation officer, but on failure of conciliation efforts, a report was submitted to the State Government and the State Government referred the dispute to Labour Court for adjudication. The Labour Court registered the matter in Ref. No. 40 of 2007 and found that the domestic enquiry was fair and proper and on examining the material placed before it and after hearing the parties, rejected the reference by award dated 19.5.2010. It is aggrieved by this rejection of the reference, the present petition raising several grounds.

(3.) ON the other hand, Sri K.S. Bharath Kumar, learned Counsel for respondent -management submits that the Labour Court has shown awareness to this aspect and it found that there is a distinction between those employees and the petitioner; that in the other cases, they are all persons who had put in long years of service, but in the case of petitioner, even during the training period the forgery had been detected and prompt action had been taken and therefore comparison does not arise.