R N MISHRA Vs. ADMINISTRATION U P

JUDGEMENT

(1.) Heard Learned Counsel for the parties. Dispute raised in the present writ petition has repeatedly engaged the attention of the Single Judge, Division Bench as well as of the Apex Court. It is not necessary to enter into the history of the litigation, suffice is to refer to the following facts as emerge from the present writ petition.

(2.) Petitioner, who was working as an employee of U.P. Co-operative Sugar Factories Federation Ltd. (hereinafter referred to as the "Federation"), was dismissed from service under an order dated 18/21st April, 1987. He filed the present writ petition in July, 1988 with the prayer that the order dated 18th April, 1987 may be quashed, and that respondent No. 1 i.e. Administrator, U.P. Co-operative Sugar Factory Federation Ltd./Secretary, Sugar Industries and Cane Development, U.P. Lucknow be directed to decide the appeal dated 16th May, 1987 which was pending before him. The writ petition came to be decided under the judgment and order of the Single Judge dated 28th August, 1995. The writ petition was allowed and the order dismissing the petitioner from service was quashed only on the ground that approval of the Institutional Service Board as required under Regulation 87 of U.P. Co-operative Society Employees Service Regulations, 1975 (hereinafter referred to as the 'Regulations, 1975') had not been obtained.

(3.) Against the said order of the Single Judge, Special Leave to Appeal (Civil) No. 71 of 1996 was filed by the employer i.e. Federation before the Supreme Court. Special Leave to appeal was dismissed on 19th January, 1996 with the observation that since the appellant wants to bring on record certain new facts, which were not brought to the notice of the High Court, it would be appropriate that the employer may approach the High Court itself, if so advised, in accordance with law.