M.P. GRIHA NIRMAN MANDAL Vs. NEERAJ SINGH

JUDGEMENT

(1.) By filing this writ under Art. 227 of the Constitution of India, the petitioner seeks to challenge the appellate order, dated 16.4.2003 (Annexure P-l), passed by the Industrial Court which in turn reverses the order, dated 19.11.2001 (Annexure P-12), passed by the Labour Court. Facts in brief are these.

(2.) One Shiv Narayan, was in the employment of petitioner. He died while in service. The respondent claiming to be adopted son of Shiv Narayan secured an employment in petitioner's set upa Housing Board constituted under an Adhiniyam. The petitioner, however, by order dated 28.4.1998 terminated the services of the respondent. It is against this termination, the respondent filed an application under Sec. 31(3) of M.P.I.R. before the Labour Court and sought for ifs quashing. It was in substance contended that the impugned termination is in the nature of illegal retrenchment inasmuch as no retrenchment compensation was paid to respondent prior to passing of the impugned termination. It was further contended that since no charge was levelled nor any inquiry held prior to impugned termination and hence, it amounts to a case of illegal retrenchment. The petitioner filed a reply and while dyeing the allegations made in the application defended the impugned termination order by contending inter alia that the respondent secured the appointment by playing fraud. According to petitioner, the respondent was not an adopted son of Shiv Narayan and that he managed to obtain certain documents which were later found to be forged. It was contended that services of the respondent were dispensed with this back ground. Parties led evidence.

(3.) The Labour Court dismissed tire application and upheld the termination order. However, the learned member of Industrial Court in an appeal filed by the respondent allowed the appeal and set aside the order passed by the Labour Court. As a consequence, the termination order was set aside. It is against this order of Industrial Court, the petitioner i.e. employer has come up in writ. The notice was sent to respondent, he is served and represented.