HARPAL Vs. PRESIDING OFFICER LABOUR COURT
HIGH COURT OF DELHI
PRESIDING OFFICER, LABOUR COURT, VI, DELHI
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SHIV NARAYAN DHINGRA, J. -
(1.) By this writ petition, the petitioner has challenged the validity of award dated 15th December, 1998 passed by the Labour Court No.VI, Delhi in ID NO.28 of 1995 whereby the Tribunal upheld the termination of the services of the petitioner.
(2.) Briefly the facts are that the petitioner was employed by the respondent with effect from 1.7.1985 as a Beldar on daily wages/muster roll employee. He had given a school leaving certificate at the time of his employment that he was 5th class pass and his date of birth was 27th July, 1965. It seems that for considering regularization or absorption of the petitioner, the respondent got verified the certificate submitted by him from the school. On verification, the respondent learnt that the petitioner had submitted a forged certificate about his qualifications and date of birth at the time of his appointment. His actual date of birth was 27.7.1969 and he was studied up to 3rd Class when he left the school. After making enquiry about his certificate and qualifications and learning that he had submitted a forged certificate, following show-cause notice was served upon him: ?Shri Har Pal while working as Beldar on Muster Roll under E.E.(EandM) Water North during the year, 1984 committed the following acts of omission and commission:-
1. That Shri Harpal obtained the job of Beldar on Muster Roll in Delhi Water Supply and Sewage Disposal Undertaking on the basis of bogus certificate in respect of qualification and ago. The contest of the certificate produced by Shri Har Pal were got verified from the Head Master, MCD, Primary School, Uttam Nagar-II(old) New Delhi -110059. The head Master informed vide his letter dated 24.12.90 and 18.7.91 that the date of birth of Shri Harpal as per school record was 27.7.69 and he was studying in 3rd Standard when he left the school. the certificate produced by Shri Harpal of having passed 5th Standard showed his date of birth as 27.7.65. this manipulation was done by him to cover his under age and less qualification. Thus, it is evident that Shri Harpal cheated the department and obtained the job fraudulently in Delhi Water Supply and Sewage Disposal Undertaking submitting the bogus educational certificate. From the foregoing, it is evident that Shri Harpal failed to maintain absolute integrity and devotion to duty?.
(3.) The workman, on receipt of above memo, submitted his reply dated 29.9.93. He denied the allegations and took the stand that he had submitted a certificate of class 3rd Standard, showing his date of birth as 27.7.69 and he had not submitted the alleged certificate. After considering his reply, the respondent dismissed the petitioner from service. The petitioner raised an industrial dispute which was referred for adjudication to the Industrial Tribunal in following terms:
"Whether the termination of Shri Har Pal from service is illegal and/or unjustified and if so, what relief is he entitled and what directions are necessary in this respect";
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