LAWS(P&H)-2001-7-179

MAHARSHI DAYANAND UNIVERSITY Vs. VIJAY KUMAR

Decided On July 25, 2001
MAHARSHI DAYANAND UNIVERSITY Appellant
V/S
VIJAY KUMAR Respondents

JUDGEMENT

(1.) THIS petition under Article 226/227 of the Constitution of India seeks issuance of writ in the nature of certiorari quashing the award dated 14.2.2000 passed by the Industrial Tribunal -cum - Labour Court, Rohtak (hereinafter referred to as the Labour Court) whereby respondent No. 1 (hereinafter referred to as the workman) has been ordered to be reinstated on previous post of Lab. Attendant in the petitioner -University with continuity of service and with 60% backwages. The petitioner -Maharshi Dayanand University, Rohtak (hereinafter referred to as the Management) is a statutory body constituted under the Maharshi Dayanand University Act, 1975 ( Haryana Act 25 of 1975). The University is competent to sue and be sued through its Registrar. Hence, the writ petition is filed by the competent authority.

(2.) ACCORDING to the workman, he was appointed as a Lab. Attendant after appearing in an interview which was conducted by the Management on 28.8.1991. He was selected on the basis of his academic qualification and experience as required for the post of Lab. Attendant. The work and conduct of the workman remained satisfactory during his service. He was regularised in service w.e.f. 31.8.1991. The workman was served with charge -sheet on the allegation that he got the employed on the basis of fake certificate. The enquiry officer was appointed. According to the workman, the enquiry was not conducted fairly and properly. It was further the case of the workman that hts services have been illegally terminated on the basis of an illegal enquiry report. It is further stated that the punishment awarded to the workman is disproportionate to the misconduct. Upon termination, the workman served a demand notice on the management. Consequently, the matter was referred to the Labour Court by the Gover -nor of Haryana. Before the Labour Court, the Management filed written statement. It was pleaded that the workman has no cause of action. It was further admitted that the workman was appointed as Lab. Attendant on 28.8.1991. His services were regularised w.e.f. 31.8.1991 by order dated 10.3.1992. It was further pleaded that the workman was successful in obtaining appointment letter on the basis of a fake experience certificate. He had obtained the fake experience certificate regarding the period when he was a student. The experience certificate from the month of July, 1988 upto the month of July, 1991 as Lab. Attendant was procured by the workman with ulterior motive and for wrongful gains just to seek employment with the Management. It was further pleaded that the misconduct of the workman had been established during the departmental enquiry. The workman, in reply to the charge -sheet, himself admitted that he joined the Haryana Medical College of E.H.A. and Technology, Bhiwani just to gain experience and learning. The matter had been referred to the Labour Court in the following terms : -

(3.) LEARNED counsel for the petitioner has submitted that the workman, being merely a student, could not have been given a certificate of experience of having worked as a Lab. Attendant. Therefore, he has succeeded in his design to obtain the job of the Laboratory Attendant with the Management by practising a fraud. He has submitted that a workman who indulges in such kind of fraudulent act cannot be permitted to remain in the employment of the Management -University. Learned counsel has further submitted that the Labour Court has wrongly come to the conclusion that the punishment awarded to the workman is disproportionate to the misconduct.