BEML LIMITED Vs. N. SUKUMAR

JUDGEMENT

(1.) The petitioner herein is an applicant in ID No.22/2007 who had filed an application under Section 33(2)(b) of the ID Act before the Tribunal, seeking to approve the order of termination of the respondent from service. The grounds for termination are that knowing fully well that the respondent herein does not belong to Nayaka Community (ST), but with a view to get an employment, has deliberately furnished a false information for getting Caste Certificate and employment in BEML under 'ST' quota.

(2.) After obtaining explanation from the respondent, an enquiry was held and it was concluded by the Enquiry Officer that the respondent has committed a misconduct by misrepresenting himself claiming employment under ST quota. The said application came to be rejected. Hence, the present writ petition is filed.

(3.) Learned counsel for the petitioner submits that on the findings of the Enquiry Officer, the Industrial Tribunal has to enquire as to whether the punishment order is supported by materials, enquiry conducted is fair and proper and whether there is any victimization. Without considering the said aspects, rejection of the application is arbitrary.