THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 7302 of 2003 O R D E R: This Writ Petition is directed against the Award passed on 14th August 2002 by the Labour Court-III, Hyderabad in I.D.No. 170 of 1999 raised by the 2nd respondent – workman. The A.P. Transmission Corporation, the petitioner herein has appointed the 2nd respondent as a Helper by an order dated 15th August 1989. It is alleged that the 2nd respondent who bears the name G. Krishnaiah, S/o Venkaiah has impersonated another individual who bears identical name, at the time of selections. It is further alleged that he has produced the bogus transfer certificate standing in the name of G. Krishnaiah and thus resorted to unfair means for securing employment in the petitioner Corporation. Hence, he has been charge sheeted on 26th September 1992 in that regard. Based upon the findings at the domestic enquiry, a show cause notice was issued on 5th November 1994 and orders were passed finally on 24th August 1995 dismissing the 2nd respondent – workman from service. That gave rise to the 2nd respondent – workman raising Industrial Dispute in question. After appreciating the evidence that was brought before it, the Labour Court has found that the 2nd respondent has not impersonated and hence, the Industrial Dispute is allowed setting aside the order of dismissal passed by the writ petitioner on 24th August 1995 and the respondent – workman was ordered to be re-instated into service with full back wages and attendant benefits. The Labour Court had come to the conclusion that the 2nd respondent – workman is not guilty of impersonation on the following basis: “ it is the statement of the petitioner (Ex.M.22) that he was taken into adoption by his senior maternal aunty Seeta Bhadramma. Ex.M.14 is the certificate issued by AAE Operation Huzurnagar to the effect that the petitioner has worked as Assistant Lineman at Bhoorgidda Distribution. Ex.M.15 is the certificates issued by Vice President PACS Rayanguda and Sarpanch Gram Panchayat, Keethavarigudem. They wre shown the photo of the petitioner by S.I.of Police, Vigilance, Nalgonda. On seeing the photo they have certified that his name is K. Rama Rao S/o Somaiah R/o Kosthavarigudem and he was working at that time in APSEB as Helper. But the E.O. did not examine the authors of Ex.M.15 and no opportunity was given to the petitioner to cross-examine them which is a fatal consideration. Thus the AAE, Sarpanch Gram Panchayat, PACs Vice President and Senior maternal aunty of the petitioner was not examined by the E.O. and no opportunity was given to the petitioner to cross-examine them. With regard to third reason given by the E.O. that the petitioner has produced a fake T.C.No. 876 with Admn.No. 1838 supposed to have been issued by the ZPHS, Durgampahad, which was later on converted into SPBM Govt. Jr. College in the year 1969-70 and the above T.C. was issued from their institution. In this connection, I would like to say that the petitioner in his statement Ex.M.22 said that he was taken into adoption by his senior maternal aunty Sita Bhadramma at the age of 5 or 6 years to Keethavarigudem and he has got another brother Venkateshwarlu. After his going for adoption to Keethavarigudem, he has studied from 1st to 5th class in Keethavarigudem, from 6th to 8th class in ZPHS Durgampahad, Khammam District (Ex.M.16) and this Ex.M.16 was issued by C. Ranga Rao, Head Master ZPHS, Durgampahad. The Principal of SJPBM Govt. Jr. College has written a letter Ex.M.17 to the Sub-Inspector of Police, Vigilance, APTS Nalgonda to the effect that Ex.M.16 was not issued by his institution. He further stated that from 1969-70 that institution which was called as ZPHS was converted as SJPBM Govt. Jr. College, Bhurgampahad, so the admission register of 1973 which contains Ex.M.16 was not produced before the E.O that apart the author who had issued T.C. Ex.M.16 i.e. C. Ranga Rao, Head Master, ZPHS, Durgampahad and the original records on which Ex.M.17 is issued has also not been produced and the author of Ex.M.17 i.e. Principal & JPBM Govt. Jr. College, Burgampahad are not examined and no opportunity was given to the petitioner to cross- examine those persons and to verify the original records. From the above discussions, it can be said that the petitioner was originally appointed as casual labourer as G. Krishnaiah and on that basis only, he was called for interview and was appointed as Helper by the 2nd respondent dated 15.08.1989 and subsequently, he was promoted as ALM.” Pursuant to this Award, the petitioners have reinstated the 2nd respondent workman back to duty, but however, they have instituted this Writ Petition challenging the validity and correctness of the Award. To my mind, the Labour Court has appropriately assessed the evidence that was marshalled before it. If the views and opinion expressed by the Labour Court are not liable to be characterized as perverse findings or conclusions, it will not be permissible for this Court to substitute its opinion to that of the Labour Court. Nothing has been pointed out as to how the findings recorded by the Labour Court are perverse. Perversity of findings, as is well-known is the result of drawing a conclusion based upon the material on record which no reasonable body of men would have reached. On the contrary, if the view taken by the competent Court is one, which is possible, the writ Court exercising the certiorari jurisdiction shall not upset such a finding of fact. I, therefore, see no reason to interfere with the award passed by the Labour Court. Hence, the Writ Petition is dismissed. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 18th December 2009 ksld