R.K.MERATHIA, J. - (1.) HEARD the parties finally.
(2.) PETITIONER being the wife of deceased workman -Ambuj Das has challenged the Award dated 18.12.2006 passed by the Labour Court, Bokaro Steel City in Reference Case No. 8 of 2002. The following dispute was referred for adjudication: Whether, on the basis of charge sheet letter No. Pers/W oo/C.O.D./114 F.D.Y./55/2000 -245 dated 2.8.2000, dismissal of Sri Ambuj Das Staff No. 423278, Purb Take/Elec. Steel Foundary, Bokaro Steel Plant, is justified? If not what relief he is entitled to? The following charges were levelled against the husband of the petitioner: (i) Giving false information regarding once particulars for the purpose of obtaining employment in the company. (ii) Contracting another marriage while first wife is still alive. (iii) Submission of false non -ericumbrance certificate for the purpose of taking house building advance loan from the company. The Labour Court on recording the statement of petitioner (first wife) held that the charge No. (ii) was not proved. But it held that the charges Nos. (i) and (iii) were proved, which were serious in nature, and therefore the punishment of dismissal was justified. Regarding the claim of the workman that he was the dependant of his uncle Kulu Das, it was found that Kulu Das had no concern with the workmen, but he got his name included in the dependant of Kulu Das in a wrong manner and therefore the displaced person certificate was cancelled by D.P.L.R. on 18.4.2000. With regard to charge No. 3 it was found that the purported Non -Encumbrance Certificate No. 178 dated 26.5.1995 (Exhibit M -25) was not issued from the concerned office and the same was forged and fabricated on the basis of which petitioner took house loan.
(3.) MR . Baban Lal, appearing for the petitioner, with regard to the said finding against charge No. (i), submitted that the Labour Court should have decided, whether the said order dated 18.4.2000, passed by D.P.L.R., cancelling the displased person certificate, was correct or not. The said submission of Mr. Lal, is wholly unacceptable. On the basis of the materials on the record, the Labour Court rightly held that the displaced person certificate was forged and fabricated and while relying on the said order dated 18.4.2000 passed by D.P.L.R., cancelling the displaced person certificate, rightly observed that it cannot sit as an appellate Court, over such order of D.P.L.R.;