SHESHRAO VASANT GAKHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Letters Patent Appeal arises out of the judgment of the Single Bench of this Court dated 18-11-2011 in Writ Petition No.275/2003, whereby the learned Judge quashed and set aside the award passed by the Labour Court, Amravati, dated 28-05-2002 in Reference (IDA) No.42/1995.

(2.) The facts, in brief, leading to the filing of the present Letters Patent Appeal may be stated as under :-

(3.) Feeling aggrieved by the termination order, the appellant filed a reference under Section 10(5) read with 12(1) of the Industrial Disputes Act (for short, 'I.D. Act') with a prayer for reinstatement with full back wages and continuity in service. The Deputy Commissioner of Labour referred the matter to the Labour Court, Amravati. The learned Presiding Officer of Labour Court accordingly issued notices to both the parties. The appellant filed a statement of claim before the Labour Court stating therein his grievance that he has been terminated without giving an opportunity of hearing. While the respondents in their written statement resisted the case of the appellant and specifically pleaded that while settlement in the conciliation proceedings, his appointment was subject to certain conditions. One of which was verification of the criminal antecedents of the appellant. The respondent received an information from the Deputy Superintendent of Police, Wardha, vide letter dated 04-01-1994 informing that the appellant was convicted in a cognizable offence and was sentenced to pay fine of Rs. 100/- in default to undergo imprisonment for five days. Accordingly, it is stated that vide order dated 09-02-1994, the services of the appellant were withdrawn with effect from 11-02-1994.