Court No. - 7
Case :- WRIT - C No. - 23347 of 2015
Petitioner :- Sri Aas Mohammad
Respondent :- Presiding Officer Industrial Tribunal (1) & Another
Counsel for Petitioner :- Namit Srivastava,Manoj Tripathi
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Namit Srivastava, learned counsel for the petitioner.
In this writ petition the petitioner has challenged the award dated 22nd April,
2014 passed by the Respondent No.1 in Adjudication Case No. 364 of 1995
and published on 19th January, 2015.
Briefly stated the facts of the present case are that the petitioner obtained the
appointment on the post of turner in the establishment of the Respondent No.2
on 15th September, 1984 on the basis of a false experience certificate. For this
reason the service of the petitioner was terminated by the respondent No.2
employer on 5.5.1989. The petitioner raised industrial dispute and a reference
was made by the competent authority on 31st October, 1995 which was
registered as Adjudication Case No. 364 of 1995. In the proceedings before
the Respondent No.2, the parties led evidences. After well considering the
facts and circumstances of the case and evidences on record, the Respondent
No.2 recorded a finding of fact and the petitioner obtained employment in the
establishment of the Respondent on the basis of false experience certificate.
The findings so recorded is a finding of fact based on consideration of
relevant material and evidences on record which can not be interfered with in
Writ jurisdiction under Article 226 of the Constitution of India.
I do not find any infirmity in the impugned award. Writ Petition is wholly
misconceived and is, therefore, dismissed.
Order Date :- 24.4.2015
MT**
Neutral Citation No. - 2015:AHC:56640