M BHOOPAL REDDY Vs. LABOUR COURT 1

JUDGEMENT

(1.) Assailing the award dated 26-11-1999, passed by the Labour Court, Hyderabad, in I.D. No. 130 of 1997, published on 23-02-2000 vide G.O. Rt. No.349, Labour, Employment, Training & Factories (Lab.l) Department, dated 14-02-2000, the petitioner filed the present writ petition.

(2.) The petitioner joined the service of respondent No.2-APSRTC as Driver on 17-03-1988 and continued as such till 16-01-1997 when he was removed from service. Assailing the order of removal, the petitioner raised an industrial dispute in I.D. No. 130 of 1997 and the Labour Court vide award dated 14-09-1998 allowed the I.D. Assailing the award, respondent No.2 filed writ petition in W.P. No.36434 of 1998, and this Court by order dated 23-02-1998, set aside the award and allowed the writ petition. Thereafter, the Labour Court having considered the matter, passed award confirming the order of removal, which is impugned in this writ petition.

(3.) The learned counsel for the petitioner submits that no opportunity whatsoever was given by the disciplinary authority before holding that the petitioner obtained employment based on a fake driving licence, but the Labour Court committed a grave error in holding that the disciplinary authority has issued ample opportunity to the petitioner, inasmuch as respondent No.2 did not return the driving licence produced by him to prove its genuineness, and this vitiated the disciplinary proceedings. In support of his submission that non-observance of principles of natural justice vitiated the departmental proceedings, he placed reliance on the judgment of the apex Court in Hardwari Lai v. State of U.P.