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SUJIT NARAYAN PRASAD, SANJAY KUMAR DWIVEDI
Sajjad Khan, Son of Late Akbar Khan – Appellant
Versus
Employer in relation to the Management of Noonidih Project of M/s Bharat Coking Coal Limiteds – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 12.02.2021 passed by the learned Single Judge of this Court in W.P.(L) No.4509 of 2009, whereby, the learned Single Judge has not interfered with the award passed by the learned Central Government Industrial Tribunal No.I, Dhanbad in Reference Case No.3 of 1997 dated 25.06.2009, by which, the reference has been answered against the workman-petitioner/appellant herein.
2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-
The writ petitioner/appellant was appointed in the year 1992 as Fitter under Clause 9.4.2. under National Coal Wage Agreement (N.C.W.A.) after death of his father, namely, Akbar Khan, who was a permanent employee in Sijua Area in the office of M/s B.C.C.L. The respondents came to know that the appointment so made is based upon the Matriculation Certificate, which is not genuine, therefore, the decision was taken to initiate a domestic enquiry in which charge-sheet has been submitted for submission of fake certificate by the writ petitioner and he
The main legal point established in the judgment is that fraud vitiates every solemn act, and sympathy cannot override the lack of a legal right.
Fraud vitiates everything, and a subsequent action cannot validate an action that was not lawful at its inception. If an order is bad in its inception, it does not get sanctified at a later stage.
Writ of Certiorari is intended to correct jurisdictional excesses.
The main legal point established in the judgment is the limited scope of judicial review under Article 226 of the Constitution of India in disciplinary proceedings, as well as the principles governin....
The finding of fact recorded by the Tribunal can only be challenged if it suffers from perversity or there is a jurisdictional error.
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