Sri Aas Mohammad v. Presiding Officer Industrial Tribunal (1) & Another

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