UPSRTC Vs. GOPAL SINGH

JUDGEMENT

(1.) Heard Sri Samir Sharma, learned counsel for the petitioner, Sri Sanjeev Singh holding brief of Sri P.K. Srivastava, learned counsel for the respondent No. 1 and Sri B.K. Yadav, learned Standing Counsel for respondent Nos. 2 and 3. Briefly stated the facts of the present case is that the respondent No. 1 was a daily wage conductor who was disengaged on certain charges after due enquiry and after due opportunity in accordance with law.

(2.) Two charge-sheets were issued to the petitioners, namely, dated 23rd April, 1977 and 23rd September, 1988 which have been filed as Annexure No. 1 and 2. Enquiry was held. Thereafter order was passed holding the respondent No. 1 to be guilty and directing his name to be deleted from the waiting list of daily wage conductor.

(3.) Aggrieved with this order the respondent No. 1 has filed an appeal before the departmental authority which was rejected on 11th December, 1990. Thereafter he raised an industrial dispute and reference was made on 19.11.2001. By the impugned order dated 21st June, 2013 award was passed in favour of the respondent No. 1 directing the petitioner to reinstate the services of respondent No. 1 as daily wager since 12th February, 1990 and to pay back wages. Aggrieved with this award the petitioners have filed the present writ petition.