P CHOCKALINGAM Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THIS writ petition is filed challenging the award passed by the Labour Court, Salem, in I.D.No.267 of 1992, dated 21.05.1998 and for a consequential reinstatement of the petitioner with continuity of service and back wages with attendant benefits.

(2.) THE case of the petitioner is that he joined in the Indian Oil Corporation/the Second respondent as Khalasi on 08.12.1983. A charge memo was issued against him on 11.09.1986 to the effect that the petitioner has given false information regarding his date of birth and age and cheated the Corporation by submitting a forged document while entering into service.

(3.) IT is the case of the petitioner that the second witness on the side of the Management namely M.W.2 was not employed in the school at the relevant point of time. The other witness of the Management namely M.W.3 who has admitted that the petitioner has studied in the Elengo Middle School, has clearly stated that he has recorded the date of birth only on assumption and not based on any documents or certificates. The M.W.3 has also stated that the date of birth entered in the Transfer Certificate in the Elengo Middle School was not correct.