HARPAL Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 15th December, 1998 passed by the Labour Court No.VI, Delhi in ID NO.28 of 1995 whereby the Tribunal upheld the termination of the services of the petitioner.

(2.) Briefly the facts are that the petitioner was employed by the respondent with effect from 1.7.1985 as a Beldar on daily wages/muster roll employee. He had given a school leaving certificate at the time of his employment that he was 5th class pass and his date of birth was 27th July, 1965. It seems that for considering regularization or absorption of the petitioner, the respondent got verified the certificate submitted by him from the school. On verification, the respondent learnt that the petitioner had submitted a forged certificate about his qualifications and date of birth at the time of his appointment. His actual date of birth was 27.7.1969 and he was studied up to 3rd Class when he left the school. After making enquiry about his certificate and qualifications and learning that he had submitted a forged certificate, following show-cause notice was served upon him: ?Shri Har Pal while working as Beldar on Muster Roll under E.E.(EandM) Water North during the year, 1984 committed the following acts of omission and commission:-

(3.) The workman, on receipt of above memo, submitted his reply dated 29.9.93. He denied the allegations and took the stand that he had submitted a certificate of class 3rd Standard, showing his date of birth as 27.7.69 and he had not submitted the alleged certificate. After considering his reply, the respondent dismissed the petitioner from service. The petitioner raised an industrial dispute which was referred for adjudication to the Industrial Tribunal in following terms: