KULBIR SINGH Vs. THE PUNJAB STATE POWER CORPORATION LIMITED, PATIALA AND OTHERS
LAWS(P&H)-2016-10-39
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 25,2016

KULBIR SINGH Appellant
VERSUS
The Punjab State Power Corporation Limited, Patiala And Others Respondents

JUDGEMENT

Mr P. B. Bajanthri, J. - (1.) In the instant writ petition, the petitioner has assailed the award passed by the Labour Court dated 14.02.2013 vide Annexure P24. The petitioner was appointed as Junior Plant Attendant in the respondent corporation. His services have been terminated on 03.07.2001 on the allegations that at the time of his appointment he had produced fake B.Sc certificate dated 17.11.1994 vide Annexure P5. Admittedly, the petitioner was not subjected to disciplinary proceedings before terminating his services on 03.07.2001. He being permanent employee, the respondent corporation should have resorted to disciplinary proceedings under the statutory provisions. It is learnt that after holding a preliminary inquiry the respondent corporation have resorted to terminate the services of the petitioner on the score that he has produced fake B.Sc. certificate dated 17.11.1994. Order of termination dated 03.07.2001 was the subject matter before the Labour Court. The Labour Court confirmed the order of termination.
(2.) Learned counsel for the petitioner submitted that the petitioner was appointed on permanent basis. Before terminating the petitioner's services the inquiry should have been held for the reasons that production of fake certificate is a serious misconduct to obtain appointment in the respondent-corporation. The said contention was not appreciated by the Labour Court. Therefore, Labour Court finding as well as order of termination are liable to be set aside.
(3.) On the other hand, learned counsel for the respondent-corporation submitted that the petitioner while joining service, he had produced fake B.Sc. certificate dated 17.11.1994 which is proved in the preliminary inquiry. Therefore, there is no illegality in order of termination as well as order passed by the Labour Court so as to interfere with the order of termination and award passed by the Labour Court.;


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