DINESHKUMAR AMRITLAL MODI Vs. DIVISIONAL CONTROLLER SHRI

JUDGEMENT

(1.) The petitioner - workman has filed this petition under Articles 14, 19, 21, 226 and 227 of the Constitution of India for the following reliefs:

(2.) Heard Mr.N. B. Tiwari, learned counsel for the petitioner, Mr.H. C. Rawal, learned counsel for respondent No.1 and Mr.Soham Joshi, learned Assistant Government pleader for respondent No.2 - State at length through video conferencing.

(3.) Mr.N. B. Tiwari, learned counsel for the petitioner has vehemently submitted that the petitioner was appointed as a conductor in respondent - Corporation and at that time, he has produced certain documents which were verified by the officer of the Corporation. He has also submitted that the petitioner was appointed in the S.T. Bus services at Mehsana and, thereafter, he was transferred to Dwarka Depot. He has submitted that the Corporation has issued charge-sheet against the workman - conductor on the ground that at the relevant time, he has submitted false certificate of having taken training for First Aid. According to him, the workman has submitted the said certificate from "St. Jon Ambulance Association" and he has already undergone training of First Aid. He has submitted that in the departmental inquiry, the person from the said association was not examined and an opportunity of leading evidence was not provided to the workman. He has submitted that the observation of the Corporation as well as the Labour Court that due to alleged false certificate of First Aid, there is financial loss to the Corporation is erroneous. He has submitted that the petitioner is victim as the person from the said association has provided the certificate after taking Rs.400/- from him, and the petitioner is not at fault. He has submitted that during the inquiry, his statement was recorded which is not in consonance with the law and was not given any opportunity of cross-examining the persons from the alleged association, who has issued the First Aid Certificate. While inviting the attention of the Court to the observations made by the Labour Court to the effect that during the interregnum period, the workman was working, he has submitted that it is erroneous.