- (1.) THE State of Rajasthan through its Chief Engineer Indira Gandhi Nahar Pariyojna, Jaisalmer and executive engineer, 19 Division, India Gandhi Nahar Pariyojna, Jaisalmer in the present writ petition has challenged the award passed by the learned Labour Court, dated 10 October 1995.
(2.) AN industrial dispute was referred to the learned Labour Court, Jodhpur by appropriate Government vide notification, dated 15 February 1990, on the question whether a removal of the respondent -workman Nena Ram by Executive Engineer, Jaisalmer, from their services was illegal and justified and if not what relief he was entitled to. Case set up by the workman in the statement of claim before the learned Labour Court was that he was appointed in the department in August 1984. He was thereafter granted regular pay -scale on the post of beldar viae order, dated 10 May 1985. Suddenly however he was removed from service vide order, dated 16 October 1987. It was later discovered that the workman had secured such appointment on the basis of forged and fake appointment order. According to the workman if that was so, the management was required to serve chargesheet upon him and hold an enquiry. Allegation of forgery was a serious charge and if there was any shread of truth in the allegation, the management would have certainly lodged a criminal case. His removal was made in violation of S. 25F of the Industrial Disputes Act, because he had already completed more than 240 days in the calender year immediately preceding the date of his removal. It was, therefore, prayed that the removal order, dated 16 October 1987, be quashed and set aside and the workman be entitled to reinstatement with full back -wages in continuity with service.
(3.) THE case of the workman was contested by the management who in its reply before the Court contended that the workman had given joining on the strength of appointment order issued by Superintending Engineer (Admn.) o/o Chief Engineer, IGNP Bikaner. This was a forged and fabricated document. When the Chief Engineer by his order, dated 15 June 1987, directed for an enquiry into the matter, the personnel officer in the office of Chief Engineer, IGNP, Bikaner vide his letter, dated 6 October 1987, so conveyed that no such appointment order was ever issued in the name of respondent -workman. It was established that appointment of respondent -workman was as a result of forgery and, therefore, he was removed from service. Realizing this when the enquiry was being made, the respondent workman at his own stopped attending the office from 1 October, 1987. The office by its order, dated 17 October 1987, also directed for lodging a criminal case. Section 25F of to Act were applicable only in the case where the workman was appointed lawfully and not on the strength of a forged order.;