NARENDRA MAHATO Vs. STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) Heard the parties, and with their consent this writ petition is being disposed of at this stage itself.

(2.) The petitioner has challenged the award dated 13.07.2002 passed by the Labour Court, Jamshedpur in Reference Case No.3/1992 by which on consideration of the entire evidence and documents on record it was held that the action of the management in discharging the workman from service is perfectly justified and he is not entitled to any relief.

(3.) The case of the petitioner is that he applied for Trade Apprenticeship training enclosing his Admit card issued by the Bihar School Examination Board, and after passing the written test and oral test, he was selected for Trade Apprenticeship training. After completion of training, he was offered employment by the management from 27.4.1982 as Mill right and subsequently he was absorbed in the said post with effect from 2.8.1983. On 16.8.1986 he was served with a charge sheet alleging therein that he secured admission in the Trade Apprenticeship training course and subsequently got employment by playing fraud and producing fake Mark sheet in support of his claim that he had passed the matriculation examination. He submitted explanation denying the charges, thereafter, domestic enquiry was held, and subsequently, the petitioner was discharged from the service. The petitioner- workman raised industrial dispute which was ultimately referred for adjudication to the Labour court as to whether the termination from service of the petitioner was justified. The learned labour court on consideration and on the basis of evidence and materials on record came to the conclusion that the action of the management in discharging the workman was perfectly justified. It is this award passed by the labour court is under challenge in this writ petition by the petitioner-workman.