THE MEHAM COOPERATIVE SUGAR MILLS LIMITED Vs. THE PRESIDING OFFICER, INDUSTRIAL-CUM-LABOUR COURT AND ORS.

JUDGEMENT

(1.) THIS order will dispose of the above cited four writ petitions as common questions of law and fact are involved in them:

(2.) THE facts are taken from CWP No. 17241 of 2015 for convenience.

(3.) THE brief facts are that the workman was appointed as a direct recruit to the post of Tubewell Attendant on 19th January, 1993. The post was advertised on 4th December, 1992 and the requisite qualification prescribed for the post was middle pass. Since the post fell in the semi - skilled category of workers, the applicant also had to possess an experience certificate in the shape of the Trade Test Certificate to be considered eligible for appointment. After selection and appointment to the post of Tubewell Attendant, the management received complaints regarding genuineness of the documents furnished by the respondent -workman and some other selected candidates. In this exercise, the experience certificate relied upon by the workman was checked and it was found that the experience certificate was bogus. The workman had relied on his experience gained in a brick -kiln by the name of M/s. Rajdhani Brick Kiln, Mandothi, Jhajjar. It appears that the record of M/s. Rajdhani Brick Kiln, Mandothi, Jhajjar was checked from where it was found that he never worked in the Brick Kiln. Therefore, the experience certificate was branded false. Relying upon the findings arrived at in association with the Cane Development Officer, the 2nd respondent -workman Suresh Kumar was served with a show cause notice dated 12th September, 2000 calling upon him to submit proof of authenticity of the experience certificate failing which his job was at serious risk. The workman submitted a reply to the show cause notice. The reply was I would say in pound sterling and deserves to be reproduced to take the case forward : -