R.GEORGE Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The Award dated 10.11.2003 passed in I.D.No.527 of 2002 is under challenge in the present writ petition.

(2.) The writ petitioner workman states that he was employed in the 2nd respondent Management for about 21 years. He was an Office bearer of the Trade Union and as a person interested in uplifting the welfare of the poor workers and to avert unfair labour practices and exploitation. On account of certain allegations, two charges were levelled against the writ petitioner. The 1st charge is that the petitioner came to the muster with drunken mood and shouted at the Assistant Manager on 31.03.1997 for belated disbursement of salary and the 2 nd charge is that he made a complaint against the improper maintenance of Washroom. A Show Cause Notice was issued on 07.06.1997 and the writ petitioner gave a reply on 13.06.1997. Not satisfied with the reply, the 2nd respondent Management ordered for domestic enquiry. Based on the findings of the Enquiry officer, a Second Show Cause Notice was issued and on receipt of the explanations, the writ petitioner was terminated from service. The writ petitioner raised an Industrial Dispute in I.D.No.527 of 2002 and the said dispute was dismissed by the Labour Court. Thus, the writ petitioner is constrained to move the present writ petition.

(3.) The learned counsel appearing on behalf of the writ petitioner filed additional typed set of papers, stating that the signature of the writ petitioner is varying from one document to another and therefore, there was a fraud on the part of the Management. The signature of the writ petitioner was fabricated and based on such enquiry, the major penalty of termination was imposed. Thus, the Award is liable to be scrapped.