T.Y.SUBRAMANI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The petitioner was appointed as a driver in the establishment of the Corporation and at the time of submitting the application for appointment, he had enclosed Transfer Certificate bearing No.131/1987-88, admission Nos.183/1983-84 issued by the Head Master, "Vinayaka Middle High School, Cottonpet, Bangalore". The appointment of the petitioner was confirmed in the year 2002, articles of charges were leveled against the workman for having produced a fake Transfer Certificate at the time of appointment. The Security Officer investigated the genuineness of the Transfer Certificate and issued a letter stating that the Transfer Certificate obtained from the school by the petitioner is not in existence and a letter was addressed to the Education Officer seeking information regarding the existence of the school.

(2.) The Education officer confirmed that such a school, namely, "Vinayaka Middle High School, Cottonpet, Bangalore" is not in existence at Cottonpet and a letter was also addressed to the school with regard to the Transfer Certificate. The Enquiry Officer conducted enquiry holding that the charges leveled against the workman are proved and submitted the report, the Disciplinary Authority passed the order of dismissal of the petitioner from service.

(3.) The workman raised dispute under Sec. 10 (4-A) of the Industrial Disputes Act, 1947 ('the ID Act' for short), the Labour Court in the first instance, directed reinstatement of the workman with continuity of service with full backwages. Writ petition was preferred by the Corporation in W.P. No.1277/2013, this Court set aside the impugned order and remanded the matter for fresh consideration in accordance with law. On remand, the Labour Court, while answering issue No.1 regarding the fairness of domestic enquiry, on the submission of the workman that he concedes to the fairness of domestic enquiry, answered the domestic enquiry to be held fair and proper.