BMTC, CENTRAL OFFICE Vs. P.JAI SINGH

JUDGEMENT

(1.) Petitioner-Corporation having invited applications to fill up the vacant post of drivers was responded to by the respondent with an application declaring his educational qualification supported by a Transfer Certificate bearing No. 22/89-90 (admission No. 122/73-74) issued by the Government Kannada Model Middle School (Training College), Nazarabad, Mysore, following which the respondent was appointed to the post of driver. The certificate when subjected to verification, on an investigation, Admission No. 122/73-74 was found to be in respect of one H.V. Nagaraj and not in respect of the respondent, hence the declaration was false. Petitioner-Corporation initiated proceeding by issuing an Articles of charge calling upon the respondent to submit a reply to the allegation, followed by the appointment of an Inquiring Authority, an enquiry into the allegation by extending reasonable opportunity of hearing to the respondent, and a report holding the allegation proved. The Appointing Authority by order dt. 01.10.2007 terminated the respondent from service.

(2.) Respondent challenged the said order of termination by filing a claim petition invoking sec. 10(4-A) of the Industrial Dispute Act, 1947, for short 'Act', before the III Additional Labour Court, registered as I.D. No. 43/2007 arraigning the petitioner as the second party. On notice petitioner filed counter statement denying the allegations while contending that the respondent having made a false declaration over his educational qualification, while having none was disentitled to an appointment. In addition it was contended that there was no necessity to apply for and secure an approval of the termination of service by filing an application under Sec. 33(2)(b) of the Act in I.D. 148/05 relating to dispute over charter of demands.

(3.) In the premise of pleadings, the Labour Court framed the following issues and additional issue: