Sri Basavaraj vs The Chief Traffic Manager, B.M.T.C. Central Offices

H.N. Nagamohan Das, J.—In this writ petition the Petitioner has prayed for a writ in the nature of certiorari to quash the award dated 15.02.2007 in J.D. No. 63/2003 passed by the Labour Court at Bangalore rejecting the dispute raised by the Petitioner. On 16.04.2000 Petitioner was appointed as a trainee driver. The Respondents came to know that the Petitioner by producing a false transfer certificate secured an employment. For this misconduct articles of charges were issued, enquiry was held and on 03.05.2003 Petitioner was dismissed from service. Aggrieved by this order of dismissal the Petitioner raised a dispute before the Labour Court u/s 10[4-A] of the I.D. Act.

On the basis of the pleadings, the Labour Court framed the following issues for its consideration:

(1) Whether the 11 party establishes that the domestic enquiry held against; the 1 party was fair and proper?

(2) Whether the II party is justified in holding the 1 party guilty of the alleged charges?

(3) Whether the II party is justified in removing the I party from service as per order dated 03.05.2003?

(4) To what relies, if any is the I party entitled?

Before the Labour Court both the parties adduced evidence and produced certain documents. The Labour Court held the preliminary issue relating to domestic enquiry in the affirmative. Thereafter, on reappreciation of the material on record, the labour court held that the transfer certificate produced by the Petitioner as false and consequently passed the impugned award dismissing the Petitioner. Hence, this Writ Petition.

Heard arguments on both side and perused the entire writ papers. In this writ petition, the Petitioner produced Annexure-B, a communication from the Commissioner for Public Instructions dated 06.05.2005 to the Respondent/Corporation certifying that the Petitioner studied at Government Higher Primary School, Haradanahalli, Bommannahalli, Aland Taluk, Gulbarga District. This certificate specifies that the details contained in the transfer certificate dated 07.09.2001 as true and correct. The transfer certificate dated 07.09.2001 was produced in the enquiry, but unfortunately the communication certifying the contents of transfer certificate as true and correct was not produced before the enquiry officer nor before the Labour Court.

Further, it is brought to my notice, another employee by name Thimmappa produced Annexure-B in I.D. No. 14/2005. the Labour Court by considering the communication at Annexure-B granted relief to Thimmappa. In the circumstances, an opportunity is to be provided to the Petitioner to produce this piece of evidence, which will have a bearing on the issue in controversy.

For the reasons stated above, the Writ Petition is hereby allowed. The award dated 15.02.2007 is hereby quashed. The matter is remanded to the Labour Court; for fresh disposal in accordance with law after providing opportunity to both the parties to lead evidence and as expeditiously as possible, in any event; not later than 4 months from the date of receipt of copy of this order.