Arun Tandon, J. - (1.) Heard Sri Prakash Padia Advocate on behalf of the petitioner Sri B.N. Singh and L.N. Singh on behalf of respondent no. 3, Sri Bal Mukund Advocate on behalf of the Union of India.
(2.) Indian Oil Corporation, a Government Company duly incorporated under the Companies Act, has filed this writ petition against the award of the Labour Court dated 15th October, 2001 passed in Industrial Dispute Case No. 55 of 1999 as also against the order of the Assistant Labour Commissioner, Kanpur dated 16th December, 2002, whereby the petitioner has been directed to immediately enforce the award or to show case as to why action be not taken against the Corporation under Section 29 of the Industrial Disputes Act read with Section 47-A of the Act.
(3.) The fact relevant for the purposes of disposal of the present writ petition are as follows: Respondent no. 3 Sri A.K. Mehra was appointed as temporary Class-3 employee on 2nd April, 1974 in the employment of the Corporation. On the basis of caste certificate submitted by respondent no, 3 to the effect that respondent no. 3 belongs to scheduled caste, he was offered regular appointment as clerk. Nearly after 20 years it was brought to the knowledge of the Corporation that the caste certificate produced by the respondent no. 3 was a forged document. Accordingly, the respondent no. 3 was suspended on 21.9.1995 and an enquiry was initiated against him. After service of charge sheet and after holding enquiry, the respondent no. 3 was dismissed from service vide order dated 5.9.1996 on the charge that he has secured appointment on the basis of forged scheduled caste certificate. Feeling aggrieved by the said action of the employers, respondent no, 3 raised an industrial dispute. The dispute was referred for adjudication by the Central Government vide notification dated 11th March, 1999 to the Central Government Industrial Tribunal cum Labour Court, Kanpur. The dispute was registered as Industrial Dispute No. - 55 of 1999. The Industrial Tribunal by means of the award dated 15th October, 2001 has held that the workman was deprived from defending himself properly during the course of enquiry by the management and the said enquiry proceedings were in violation of the principles of natural justice on the ground that the copies of documents, on which reliance was placed during the enquiry, had not been furnished to the workman. The Labour Court further held that since the employers have not filed written statement nor they have asked for an opportunity to lead evidence before the Tribunal for establishing the charge against delinquent employee, no such opportunity is being afforded. The Tribunal proceeded to make an award declaring the punishment order to be illegal. The workman has been directed to be reinstated with all consequential benefits.;