Workmen represented by Secretary, Rashtrita Colliery Mazdoor Sangh v. Employers in relation to the Management of Lodna Colliery of M/s BCCL, Dhanbad
2009-04-29
JAYA ROY, M.Y.EQBAL
body2009
DigiLaw.ai
JUDGMENT : M. Y. Eqbal & Jaya Roy, JJ.- This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 16.5.2007 passed in W.P.(L) No. 1396/2003 whereby the learned Single Judge allowed the writ petition and set aside the award passed by the Central Government Industrial Tribunal No.2, Dhanbad in Reference Case No. 127/95. 2. The matter was sent to the Tribunal for adjudication of the following dispute:- " Whether the action of the Management of Lodna Colliery of M/s BCCL in dismissing S/Shri Nand Kishore Ram and Ram Lakhan Ram Miner/Loader with effect from 19/22nd November, 1990 is justified? If so to what relief the concerned workmen are entitled?" 3. The facts not in dispute, are that the appellants who are the concerned workmen, were given employment temporarily in the year, 1990 under a special drive for appointment of Scheduled Caste and Scheduled Tribe candidates as per the Scheme of 1986 of the Government of India. After the appellants joined, the certificates produced by them were sent to the Block Development Officer for verification who reported that the said caste certificates were fake and the same were never issued from his office. Consequently the appellants were removed from service by issuing order of termination on 22.11.1990. 4. As stated above, the appellants raised industrial dispute. The Tribunal, after hearing the parties, answered the reference in favour of the concerned workmen-appellants and set aside the order of termination. Aggrieved by the said award the respondent-Management moved this court by filing the aforementioned writ petition. The learned Single Judge, after considering the entire facts of the case and the evidences adduced before the Tribunal, came to the conclusion that the termination of the services of the concerned workmen by the Management was legal and valid. Consequently the award was set aside. Hence this appeal by the concerned workmen. 5. Mr. Baban Lal, learned Senior Advocate appearing on behalf of the concerned workmen-appellants assailed the impugned judgment mainly on the ground that when the order of termination was passed on the ground of submission of forged and fake caste certificates then a departmental proceeding ought to have been initiated before passing the order of termination. In support of this contention he put reliance in a decision of the Supreme Court reported in 2007 Labour & Industrial Cases 1068. 6.
In support of this contention he put reliance in a decision of the Supreme Court reported in 2007 Labour & Industrial Cases 1068. 6. Admittedly the appellants were appointed under a special scheme of the Cent, al Government of the year, 1986. Under the said scheme employment was to be provided temporarily/provisionally for three months only to the members of Schedule Caste and Schedule Tribe. On the basis of the aforesaid scheme employment was provided to the appellants by the Management-respondent and appointment letter was issued. A copy of the appointment letter has been filed and annexed as Annexure-4 to the memo of appeal. From perusal of the aforesaid letter of appointment it is evidently clear that the appellants were appointed temporarily/provisionally for three months on the following terms and conditions:- (i) On expiry of 3 (three) months period their services will stand automatically terminated unless otherwise re-appointed/extended by the Company. (ii) They will have to put in minimum 80% attendance in a month and give work load at the rate of 3 (three) months tubes per man shift and their performance will be revised weekly by the concerned ACM and if they fail to put in required attendance and work load and the Management will have the right to terminate their appointment. (iii) Their identification and attestation form will be sent to the District Authority for verification of their anticipants and genuineness and if it is not received within one month their services will be terminated without assigning any reason and legal action will also be taken against them." 7. After joining, the caste certificates produced by the appellants were sent to the Block Development Officer for verification. The Block Development Officer from whose office those certificates were allegedly issued, reported that the caste certificates produced by the appellants were never issued from his office. After considering the report of the Block Development Officer and also keeping in view that the scheme of 1986 no longer continued, the services of the appellants were terminated. 8. Before the Tribunal the respondent-Management adduced evidence, both oral and documentary, and also examined the Block Development Officer who categorically deposed that the caste certificates produced by the appellants were never issued from his office. 9. The Tribunal, ignoring the report of the B.D.O. and giving no weightage to his deposition, decided the reference in favour of the appellants.
8. Before the Tribunal the respondent-Management adduced evidence, both oral and documentary, and also examined the Block Development Officer who categorically deposed that the caste certificates produced by the appellants were never issued from his office. 9. The Tribunal, ignoring the report of the B.D.O. and giving no weightage to his deposition, decided the reference in favour of the appellants. The learned Single Judge, in our view, rightly held that the Management justified its action before the Tribunal by adducing evidence of the Block Development Officer. 10. So far the decision upon which Mr. Lal has put reliance, is concerned, we are of the view that in the facts and circumstances of the instant case the said decision has no application inasmuch as in this case employment was given provisionally for a period of three months under a special scheme on the terms and conditions quoted hereinabove, Not only that the scheme under which the appellants were given provisional employment, already come to an end. 11. Besides the above, it is well settled proposition of law that where appointment is procured on the basis of forged and fabricated certificates/documents, then the principles of natural justice will not come into play while terminating services of such employees. 12. That apart, it is not a case of termination of the services of the appellants by the Management only by taking its own decision that the caste certificates produced by the appellants were fake and forged, rather, before terminating the services, the certificates were verified by the Block Development Officer from whose office those certificates were allegedly issued. The Block Development Officer has given evidence before the Tribunal in support of the fact that the certificates produced by the appellants were fake and forged. In our view, therefore, the reasoning given by the learned Single Judge while setting aside the award needs no interference by this court. 13. For the reasons aforesaid, we find no merit in this appeal which is, accordingly, dismissed.