LAWS(RAJ)-2014-1-33

UNION OF INDIA Vs. GHEESU LAL

Decided On January 20, 2014
UNION OF INDIA Appellant
V/S
Gheesu Lal Respondents

JUDGEMENT

(1.) THE Union of India is aggrieved by the order dated 20.12.2013 passed by the Central Industrial Tribunal, whereby the learned Tribunal has dismissed the petitioners' application for leading evidence by way of submitting documents with regard to the educational qualification of respondent No.1 for the post of Khalasi.

(2.) THE brief facts of the case are that on 2.5.1976, the respondent No.1, Gheesu Lal was appointed on the post of Khalasi with the then Western Railways (presently North -Western Railways) in the Chief Workshop Manager, Loco situated at Ajmer. Although he could not read and write, but according to his attestation form submitted for the direct recruitment, he had claimed that he had studied upto 8th Class. However, subsequently a CBI inquiry was conducted and it was discovered that Gheesu Lal had never studied at the school where he claimed to be a student for the period 8.9.1959 to 2.7.1962. Moreover, the school was a Middle School till 1961. Considering the fact that a false declaration had been made in his attestation form, his services were terminated. Therefore, an industrial dispute was raised which was eventually referred to the learned Tribunal.

(3.) DURING the course of the proceedings before the learned Tribunal, the petitioners filed an application on 26.11.2013 and prayed that they be allowed to submit the evidence on their behalf. However, by order dated 20.12.2013 the said application was dismissed by the learned Tribunal. Hence this petition before this Court.