KARTAR SINGH Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(JHAR)-2009-12-25
HIGH COURT OF JHARKHAND
Decided on December 07,2009

KARTAR SINGH Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents

JUDGEMENT

- (1.) HEARD the learned counsel for the parties and with their consent this writ application is being disposed of at this stage itself. The petitioner has challenged the Award contained in Annexure -12 to this writ application dated 26.3.2002, by which the Industrial Tribunal no.2, Dhanbad, in answer to the reference held that the dismissal of the petitioner by the Management was not arbitrary and illegal in any manner and, therefore, the concerned workman is not entitled to get any relief. The claim of the petitioner is that he was appointed as Temporary sub -staff as peon in the year 1984 in the office of the Life Insurance Corporation of India, but subsequently by order as contained in Annexure -4 to the writ application dated 5.4.1989 without any notice to show cause etc. to him, he was dismissed from service. He also claims that no domestic enquiry was held against him and he continuously worked under the Management as casual worker from 1984 till the date of his dismissal.
(2.) FROM the impugned Award it appears that the learned Industrial Tribunal after considering the case of the respective parties and relevant materials on record has come to the findings of fact that the School Leaving Certificate submitted by the petitioner said to have been issued by the Headmaster of Shri Shankar Dayal High School in favour of the petitioner was forged and fabricated and thereby the petitioner succeeded in getting employment on the basis of forged document. This finding of facts arrived at by the learned Industrial Tribunal on the basis of evidence adduced before him cannot be disturbed by this Court in its writ jurisdiction unless it is shown that such finding is not based on the materials on record or is perverse but no such case has been made out by the petitioner. Accordingly, this writ application is dismissed.;


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