- (1.) Petitioner was appointed as Cleaner on 26.9.1998 for a period of one year and was put on probation for the said period. At the time of appointment he had produced a certificate of training of I.T.I., Hameerpur. It transpires from the record that the certificate was verified from the Principal of the I.T.I. Hameerpur and on verification of the same it is found to have not been issued by the said Principal and a communication dated 28.7.1999 to this effect has been issued by the Principal of I.T.I. Hameerpur. The claimant services were terminated on 23.3.1999. An Industrial Dispute was raised by the employee before the Labour Court and the Labour Court vide its order dated 7.11.1997 allowed the claim and set aside the order of termination. It is this order which is subject matter of challenge before this Court.
(2.) Case of the petitioner is that the workman was under probation and it is during this period it was found that a certificate which he had produced was found forged. This was based upon a communication of the Principal of I.T.I., Hameerpur dated 28.7.1999 and being a probationer the workman had no right to be heard in the matter. Learned counsel for the petitioner has placed reliance on the case of the Hon'ble Apex Court in Rajesh Kumar Srivastava Vs State of Jharkhan, 2011 4 SCC 447.
(3.) Heard learned counsel for the parties and perused the material on record.;