JUDGEMENT
PUSHPA V.GANEDIWALA, J. -
(1.)This Letters Patent Appeal arises out of the judgment of the Single Bench of this Court dated 18-11-2011 in Writ Petition No.275/2003, whereby the learned Judge quashed and set aside the award passed by the Labour Court, Amravati, dated 28-05-2002 in Reference (IDA) No.42/1995.
(2.)The facts, in brief, leading to the filing of the present Letters Patent Appeal may be stated as under :-
The appellant was appointed as a Chowkidar at Farm House, Pohara of the respondent since 24-04-1982 on monthly salary of Rs.230/-. On 11-11-1985, the respondent discontinued the appellant from services. As the appellant was not reinstated, he filed an application under Section 2-A of the Industrial Disputes Settlement Act before the Conciliation Officer. During conciliation proceedings, a settlement was arrived at between the parties. The respondent has agreed to reinstate the appellant on the condition that he will waive the back wages. Accordingly, the appellant was appointed vide order dated 30-09-1993 and he resumed duty on 11-10-1993. It is the grievance of the appellant that again the respondent served him termination letter dated 09-02-1994 stating therein that his services were withdrawn with effect from 11-02-1994. It is his grievance that without issuing show cause notice to him he has been abruptly terminated from services.
(3.)Feeling aggrieved by the termination order, the appellant filed a reference under Section 10(5) read with 12(1) of the Industrial Disputes Act (for short, 'I.D. Act') with a prayer for reinstatement with full back wages and continuity in service. The Deputy Commissioner of Labour referred the matter to the Labour Court, Amravati. The learned Presiding Officer of Labour Court accordingly issued notices to both the parties. The appellant filed a statement of claim before the Labour Court stating therein his grievance that he has been terminated without giving an opportunity of hearing. While the respondents in their written statement resisted the case of the appellant and specifically pleaded that while settlement in the conciliation proceedings, his appointment was subject to certain conditions. One of which was verification of the criminal antecedents of the appellant. The respondent received an information from the Deputy Superintendent of Police, Wardha, vide letter dated 04-01-1994 informing that the appellant was convicted in a cognizable offence and was sentenced to pay fine of Rs. 100/- in default to undergo imprisonment for five days. Accordingly, it is stated that vide order dated 09-02-1994, the services of the appellant were withdrawn with effect from 11-02-1994.
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