Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

A single judge bench of the Karnataka High Court comprising of Justice K.S. Hemalekha while deciding a Civil Writ Petition in the case of T.Y. Subramani vs Divisional Controller, K.S.R.T.C. has held that by mere passage of time, a fraudulent practice would not get any sanctity, and equity jurisdiction cannot be exercised in such cases as a person who seeks equity must act in a fair and equitable manner.

Background Facts

The workman (Petitioner) was appointed as a driver in the establishment of the Corporation (Respondent). The petitioner was charged for having produced a fake Transfer Certificate at the time of appointment and those charges were proved by the Enquiry Officer after conducting enquiry. So the Disciplinary Authority passed the order of dismissal of the petitioner from the service. The petitioner raised dispute against the impugned order under Section 10 (4-A) of the Industrial Disputes Act, 1947. The Labour Court in the first instance, directed reinstatement of the petitioner with continuity of service with full back wages.

The Respondent filed a Writ Petition before the Karnataka High Court against the order of the labour court. The court allowed the writ petition and set aside the order of labour court and remanded the matter for fresh consideration in accordance with law. This time Labour Court confirmed the dismissal order passed by the disciplinary authority and held that the order was proportionate to the proved misconduct as the petitioner had secured employment on basis of fake Transfer Certificate. Aggrieved by the same, the Petitioner filed the present Civil Writ Petition, challenging the impugned orders of the Disciplinary Authority.

The petitioner contended that the disciplinary authority, after keeping the enquiry findings for nearly five years, had removed the petitioner from service and the unreasonable delay in completing the enquiry and imposing of harsh punishment of dismissal from service had caused injustice to the petitioner.

Findings of the court

The court observed that by mere passage of time a fraudulent practice would not get any sanctity. The court relied on the case of Union of India vs. V.M.Bhaskaran wherein the Supreme Court had held that merely because the respondent- employees have continued in service for number of years on the basis of such fraudulently obtained employment orders cannot create any equity in their favour or any estoppel against the employer.

The court further observed that the equity jurisdiction cannot be exercised in the case of petitioner who obtained the employment, on the basis of false and fabricated transfer certificate as a person who seeks equity must come with clean hands. He, who comes to the court with false claims, cannot plead equity nor would the court be justified to exercise equity jurisdiction in his favour. A person who seeks equity must act in a fair and equitable manner. The court also relied on the case of District Collector & Chairman, Vizianagaram vs M. Tripura Sundari Devi wherein the Supreme Court had held that it amounts to a fraud on public to appoint persons with inferior qualifications in such circumstances unless it was clearly stated that the qualifications were relaxable. The court held that the Labour Court had rightly dismissed the application filed by the petitioner under Section 10 (4-A) of the Industrial Disputes Act. Further the court did not interfered in the dismissal order passed by the disciplinary authority.

With the aforesaid observations, the Civil Writ Petition was dismissed and the Impugned Order of the Labour Court was confirmed.

Case No. : Civil Writ Petition No. 42748/2014 (L-KSRTC)

Case Name: T.Y. Subramani vs Divisional Controller, K.S.R.T.C.

Counsel for the Petitioner(s): Sri R. Soma Sunder Rao, Sri Lakshman Rao, Advocate

Counsel for the Respondent(s) : Smt. H.R. Renuka, Advocate

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