SENIOR REGIONAL MANAGER Vs. OGGU PETER BOSE

JUDGEMENT

(1.) This Writ Appeal has been preferred against the order dated 13.12.2010 passed in W.P.No.1952 of 2008 to set aside the order of the learned Single Judge of this Court.

(2.) The facts leading to the filing of the Writ appeal are stated below:

(3.) Learned counsel for the appellant submitted that on 06.09.1990, the first respondent was appointed as a Security Guard on probationary basis and joined duty at Air India Airport, Meenampakkam, Chennai. At the time of filing free employment application form on 02.06.1990, he suppressed the fact of having involved in criminal cases while filling up the attestation form dated 02.06.1990 and therefore, a show cause notice was issued to the first respondent on 13.11.1992,. Since the reply submitted by the first respondent was not satisfactory, charge sheet was issued and enquiry was conducted by the Enquiry Committee. After considering the reply submitted by the first respondent and materials on record, the competent authority passed an order dated 20.03.1995 dismissing him from service. Aggrieved by the said order, he has filed an appeal which was confirmed on 14.06.1995. Thereafter, the Approval Application was filed as required under Section 33(2)(b) of the ID ACt 1947 before the National Industrial Tribunal, Mumbai. The Tribunal approved the punishment of dismissal from service, by an order dated 15.04.1999. Thereafter, the first respondent filed ID.No. 290/2004 before the second respondent/Labour Court, which was dismissed on 25.02.2005. Aggreived by the same, the first respondent filed the above Writ Petion. The learned Single Judge allowed the Writ Petition which was contrary to the material on record and law. Further, the learned Single Judge failed to see the attestation form, wherein it has been clearly mentioned as follows: