K.R. Chandran vs The Chief Traffic Manager and Disciplinary Authority

S. Abdul Nazeer, J.—This writ petition is directed against the award in I.D. No. 25/2010 dated 30.05.2012, on the file of the Presiding Officer, III Additional Labour Court, Bangalore.

The petitioner was appointed as a driver in the establishment of the respondent/Corporation on 01.01.1986. Disciplinary proceedings was initiated against him and it was alleged that he had secured employment in the establishment of the respondent by producing fake transfer certificate. The petitioner opposed the charge memo. The disciplinary authority after holding enquiry dismissed him from service by order dated 07.07.2010. The petitioner has challenged the said order by filing an application u/s 10(4-A) of the Industrial Disputes Act, 1947. The Corporation has filed its statement of objections. On appreciation of the materials on record, the Labour Court has rejected the application.

The contention of the learned counsel for the petitioner is that the Labour Court is not justified in holding that on the basis of the fake transfer certificate, the petitioner also secured employment. It is his submission that though the Head Master of the school from where the transfer certificate at Ex. M.3 was issued has been examined, he has failed to produce the original records relating to the admission register.

On the other hand, learned Advocate appearing for the respondent/Corporation has sought to justify the impugned award.

The contention of the Corporation is that the transfer certificate at Ex. M.3, on the basis of which the job has been offered to the petitioner, is a fake document. Perusal of this document would show that the admission number of the petitioner in the school register was 25/1962-63. He was in the 5th standard while leaving the school. The register of admission was marked at Ex. M.5 for the academic session 1962-63. The name of the student who was admitted in Serial No. 25 for the aforesaid academic year is Jayanna, S/o. Maddurappa. The petitioner''s name is not found in the admission register. This document has been marked in the evidence without any demur. It is clear that the transfer certificate at Ex. M.3 bearing Admission No. 25/1962-63 is a concocted document. It is also clear that the petitioner has not studied in the Government Higher Primary School, Muthalannur, Anekal Taluk. Considering all these aspects, the Labour Court has held that the transfer certificate Ex. M.3 is a fake document. I am in complete agreement with the reasoning assigned by the Labour Court for dismissal of the application-I.D. No. 25/2010. The writ petition fails and it is accordingly dismissed.

No costs.