V.SRINIVASAN Vs. PRESIDING OFFICER ADDITIONAL LABOUR COURT

JUDGEMENT

(1.) This writ petition has been filed, challenging the Award dtd. 11/3/2010 passed in I.D.No.273 of 2003 by the 1st Respondent herein, by which the Industrial Dispute, raised by the Petitioner for reinstatement was dismissed. The Petitioner also sought a direction to the 2nd Respondent to reinstate him in service, with full backwages, continuity of service and all other attendant service benefits.

(2.) The case of the petitioner is that his name was sponsored by the Employment Exchange in the year January, 1994 for the post of Driver and after interview and verification of his educational certificates, he was initially appointed as Casual Labour (Driver) and thereafter, his service was regularized in the year 2000;

(3.) Learned counsel for the Petitioner submitted that in the evidence, M.W.2 only deposed that the serial number of the certificate belongs to some other students, meaning thereby that there may be a wrong entry and it was never deposed that the petitioner did not study in the school at all. Moreover, the purported certificate was not obtained for the purpose of securing the job. Learned counsel assailed the impugned Award on the ground that when the similarly placed persons were given a minor punishment, the termination of the petitioner will amount to discrimination. In support of this submission, he referred to a judgment of the Supreme Court in the case of Life Insurance Corporation of India and Others vs. Triveni Sharan Mishra, reported in (2014) 10 SCC 346, wherein it was held as follows: