- (1.) BY the Court. - -This appeal is directed against the judgment dated 21st April, 1997 passed by learned single Judge in CWJC No. 1160 of 1996 (R) whereby the learned single Judge allowed the writ petition and set aside the award passed by Presiding Officer. Labour Court. Dhanbad in Reference case No. 7 of 1991.
(2.) THE admitted facts which have not been disputed are as under : The appellant -workman, was appointed as a Peon in 1955 by the Fertilizer Corporation of India (in short FCI). In 1967 F.C.I. was split up into two units, one being Fertilizer Corporation of India Limited and other Project and Development India Limited. Services of the Workman was transferred from F.C.I. to Project and Development India Limited (in short PDIL).
(3.) IT appears that his service record was opened in 1955 wherein the date of birth was recorded as 1932. According to the date of birth recorded in the service record the workman was to retire from the service with effect from 31.12.1989. In the year 1981, the workman submitted matriculation certificate /marks -sheet on the basis of which he was granted increment by the respondent Management. However, the Management received confidential information to the effect that several employees were enjoying benefit of extra increment by producing false and fabricated certificates in which the name of the concerned workman was also cited as an employee. The Management thereafter verified the genuineness of the documents submitted by the petitioner from the Bihar Secondary School Examination Board. Patna. On verification it was found that the matriculation certificate/marks -sheet was forged and fabricated document. The Management thereafter issued charge -sheet against the workman in 1984 asking him to submit his reply but the workman did not submit any reply. Taking into consideration of the fact that the workman was to retire very shortly, a sympathetic view was taken and instead of dismissing from service, a punishment of recovery of increment was passed. Thereafter the petitioner procured a school leaving certificate from the Head Master of Hariji Uphar Uchha Vidyalaya on 25.4.1989 and again racked up the dispute about his date of birth. In the school leaving certificate obtained by the workman his date of birth is mentioned as 31.1.1937. The Management again deputed an officer to visit the school to find out the admission register of 1947 but the Head Master could not show the admission register. The petitioner was accordingly superannuated in 1995. However, the workman raised industrial disputes by directly approaching the Assistant Labour Commissioner as well as Conciliation Officer to refer the dispute to the Industrial Dispute Tribunal. The workman thereafter succeeded in getting the following dispute referred to the Tribunal for adjudication : - - "Whether retirement from service of Shri. Braj Kishore Singh. Senior Technical 633/500 with effect from 31.11.1989 by the Management of Project and Development India Ltd., Sindri, Dhanbad is justified ? If not, to what relief he is entitled to -;