VIRENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was appointed as Routine Grade Clerk on 8.8.1978 and was terminated from service vide order dated 23.1.1980 w.e.f. 1.2.1980. The petitioner raised an industrial dispute alleging illegal termination from service, which was referred to Labour Court, Meerut, U.P. and was registered as Adjudication Case No. 15 of 1982. The Labour Court after hearing the parties by award dated 24.1.1985 directed the respondents to reinstate the workman with continuity of service with full wages and consequential benefits to till the date of reinstatement. The award dated 24.1.1985 was enforced by publication on the notice Board dated 26.4.1985.

(2.) The U.P. Electricity Board, Meerut filed a writ petition No. 12233 of 1985 challenging the validity and correctness of the aforesaid award. The High Court initially granted stay in favour of the writ petitioner on 28.8.2005. On an application moved by the workman the interim order aforesaid was thereafter modified by order dated 16.7.1986 to the extent that the employers were directed to reinstate the petitioner in service but payment of back wages was stayed. Consequently, the workman was reinstated in service and selection grade was also given to him by the employer by order dated 16.3.2005.

(3.) The writ petition No. 12233 of 1985 filed by the employers aforesaid challenging the validity and correctness of the award dated 24.1.1985 was quashed by the High Court vide judgment dated 17.3.2005. The petitioner filed petition for Special Leave to appeal beibre Hon'ble Supreme Court which was also dismissed vide order and judgment dated 10.5.2005 confirming the order dated 17.3.2005 passed by this Court. After the dismissal of the appeal of the workman, the employers called for comments from Deputy General Manager, Electricity Supply Division, Meerut who submitted his report dated 2.6.2005. Subsetqaently the services of the workman were terminated.