ANIL Vs. ASSISTANT COMMISSIONER FOOD AND DRUGS ADMINISTRATION

JUDGEMENT

(1.) This Court has issued Notice for final disposal and accordingly I have heard Shri M.V. Mohokar, Learned Counsel for Petitioner and Shri Fulzele, learned A.G.P. for respondent. Matter is heard finally by issuing Rule, making it returnable forthwith, by consent of parties.

(2.) Challenge in this petition is to the judgment and order of Labour Court, Akola dated 14.01.2000 dismissing ULPA Complaint No. 295/1995 filed by the present petitioner and the subsequent judgment dated 02.01.2010 passed by the Industrial Court, Akola dismissing the ULP Revision No. 11/2000 preferred under Section 44 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act.

(3.) Shri M.V. Mohokar, Learned Counsel for petitioner has contended that after the petitioner entered the service, the terms and conditions of the appointment order became irrelevant and Service Rules were determinative. No show cause notice or any opportunity was given to the petitioner and for not disclosing the pendency of the Criminal prosecution in attestation form, while joining service, he was straightway dismissed. The dismissal is by way of stigma and hence in violation of principles of natural justice. It is further pointed out that during the pendency of the proceedings before the Labour Court, the petitioner was acquitted on merits. He has placed reliance upon the judgment (Union of India and others v. Arun Kumar Roy, 1986 1 SCC 675)(Regional Manager, Bank of Broada v. The Presiding Officer CGIT and Anr.) and(Nar Singh pal v. Union of India and Ors.). He has further pointed out that after the alleged involvement of petitioner in criminal offence and his acquittal, there are no other complaints against him, and his police record is clean and unblemished.