B M T CORPN Vs. KADIREGOWDA

JUDGEMENT

(1.) THIS intra Court appeal is directed against the order dated October 25, 1999 in W. P. No. 24024/1999 and W. P. No. 32552/1999 passed by the learned single Judge directing the appellant Corporation to reinstate the respondent driver into service with the benefit of continuity of service and consequential benefits including full back wages. The question involved before the Labour Court was as to whether the respondent had secured employment in the establishment of appellant corporation on the post of Driver by producing forged School Transfer Certificate claiming that on the date of appointment he had the requisite educational qualification of passing 6th standard, which is one of the essential qualifications for appointment to the post of driver under the Karnataka State Road transport Corporation (Cadre and recruitment) Regulations, which are statutory in nature.

(2.) IT is not in dispute that the respondent had applied for the post of driver in the establishment of the Karnataka State Road transport Corporation and was appointed on temporary basis in the year 1984. Subsequently, on completion of his probation of two years, his original School Transfer certificate was sought by the appellant corporation for opening his service register. On receipt of the transfer certificate produced by the respondent driver, the same was sent for verification to Head Mistress, Gandhi vidhyalaya Primary School, Malleshwaram, bangalore, wherein the respondent driver claimed to have studied in that school and passed 4th standard during the academic year 1965-66.

(3.) ACCORDING to the appellant-Corporation, they received a report from above said school stating therein that the respondent driver had not at all studied in that school and the School Transfer Certificate furnished by him was not issued from the school. Based on the said report, the respondent driver was subjected to disciplinary proceedings and on the article of charges found to have been duly proved, he was dismissed from service. Against the order of dismissal, an industrial dispute in I. D. No. 58/98 was raised before the labour Court, Bangalore. During the adjudication of the dispute, respondent driver filed a memo conceding the fairness of domestic enquiry initiated against him. Despite concession made by the respondent driver, the labour Court directed for reinstatement with 50% back wages, continuity of service and other consequential benefits on the ground that head Mistress of Gandhi Vidhyalaya was not examined before the inquiring authority and the letter written by the Head Mistress of the school has not been produced before the Labour Court.