C. BABU Vs. THE DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The petitioner has filed the present writ petition being aggrieved of the award dated 13.03.2009 in Reference No.129/1998 passed by the III Additional Labour Court, at Bengaluru.

(2.) On an allegation that the petitioner gained employment by producing a false transfer certificate, an article of charge was issued. The petitioner submitted his explanation denying the charge. Enquiry was conducted and based on the finding, the respondent removed the petitioner from service from 6.11.1997.

(3.) The petitioner raised an industrial dispute. The Labour Court after holding domestic enquiry to be fair and proper, based on the evidence of MW-3 Head Master, erroneously concluded that the charges are proved and rejected the reference. It is stated that in fact the transfer certificate was issued by the Principal, Methodist Mission High School, Bangalore. The Labour Court has failed to consider Ex.W3 to W6 where dissimilar punishments have been imposed in similar cases. Hence this petition.