- (1.) We have heard learned counsel on both sides. Special leave granted.
(2.) The appellant challenges the order dated 4/06/1993 passed by the High court of Keralaat Ernakulam in Writ Appeal No. 269 of 1993. The proceedings relate to the empanelling of 'baadli' workmen. One of the conditions for eligibility for appointment was that the educational qualification of the candidates should not be more than the 8th Standard. Respondent produced a certificate issued by the School authorities to the effect that he had passed the 7th standard on 15/05/1974. The purpose of this was to show that his qualifications were not more than the 8th Standard. He, accordingly, succeeded in having himself empanelled as a 'badli' workman. On receiving certain corn plaints that the respondent had secured employment by suppression of truth and by false representation, the appellant issued a show cause notice to the respondent asking as to why action should not be taken against him under the standing orders. In reply the respondent admitted that he had completed 10th Standard and pleaded for sympathy. On' 3/03/1989, the appellant terminated the services of the respondent for fraudulent misrepresentation.
(3.) The Labour court by its award dated 23/03/1992 held that the conduct of the respondent did not amount to false representation. The Labour court held: "According to the management if the candidates who acquired more qualifications than what is required in the notification are appointed there are so many practical difficulties as the qualification prescribed for the supervisors is only SSLC failed. But it is to be noted that the qualification is not the criterion to supervise and control the subordinate. There is no question of complex or any other things would arise if a supervisor is supervising and controlling his subordinate who acquired more qualifications than that of the supervisors. Therefore the contention of the management is that if the more qualified persons are appointed as Godown badii there would be so many practical difficulties would arise will not hold good. ";