MUNICIPAL CORPORATION, A STATUTORY CORPORATION Vs. TUKARAM VITTHAL PATIL

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India. The petitioner challenges the Judgment and Order dtd. 17/3/2010 passed by the Industrial Court, Thane in Revision Application (ULP) No. 44 of 2008. By that order, the Industrial Court confirmed the Judgment and Order dtd. 28/11/2006 passed by the Labour Court, Thane in Complaint (ULP) No. 43 of 1992.

(2.) The relevant facts are as follows. The respondent was appointed as a Security Guard with effect from 1/10/1984 as per selection of D.M.C. (Z-I) dtd. 12/4/1984 under the General Category. At the time of recruitment, the Corporation prescribed that the candidate must have passed 7th standard. The respondent submitted documents in support of his qualification. The Corporation accepted those documents and appointed him.

(3.) On 31/9/1989, the Corporation received an anonymous complaint. The complaint alleged that four persons, namely the petitioner, Narayan Pandurang Patil, Dattatrey Raghunath Shelar and Gajanan Patil, had produced bogus school leaving certificates. On that basis, the Corporation conducted an inquiry with the Head Master of the concerned school. In his statement, the Head Master stated that the signature on the certificate did not match his signature and was forged by the respondent to secure employment. The inquiry also revealed that the certificates of the respondent and Narayan Patil carried registration numbers 108 dtd. 23/11/1989 and 109 dtd. 13/11/1988. These endorsements clearly showed that the certificates were forged.