UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION THROUGH ITS REGIONAL MANAGER Vs. MAHMOOD KHAN S/O LATE RIYASAT THROUGH B P PANDEY AND PREMPLOYEES STATE INSURANCE CORPORATIONDING OFFICER, LABOUR COURT (II)

JUDGEMENT

(1.) Heard Sri Sheshadri Trivedi, the learned Counsel holding the brief of Sri Sameer Sharma, the learned Counsel for the petitioner and Shri Manas Bhargava, the learned Counsel holding the brief of Shri Akhilesh Mishra, the learned Counsel appearing for the respondent No. 1.

(2.) The Workman, respondent No. 1 was working as a conductor and was charge sheeted for taking passengers without issuing tickets. A domestic enquiry was conducted and he was found guilty of the charges. Based on the domestic enquiry, the Assistant Regional Manager issued an order of termination dated 30.6.1985. The petitioner, being aggrieved by the aforesaid order of the termination, preferred a writ petition before this Court, which was allowed by a judgement dated 30.9.1986 and the termination order was set aside on the ground that the Assistant Regional Manager had no authority to pass the order of termination. It transpires that the aforesaid judgment was passed on the basis of a leading judgment of this Court in the case of Bhopal Singh v. UPSRTC passed in writ petition No. 8363 of 1986 decided on 10.9.1986. Based on the said judgment, the State Government issued an ordinance No. 9 of 1987 which was subsequently replaced by the U.P. Act No. 15 of 1987 Clause 3 of the said Act reads as under:

(3.) In view of the aforesaid provision, a division bench of this Court in 1988 (5) FLR 185 upheld the validity of Act No. 15 of 1987 to be valid with retrospective effect. As a result of the aforesaid judgment, by virtue of the provision of Clause (3) of Act No. 15 of 1987, the judgment of this Court dated 30.9.1986 passed in favour of the petitioner was rendered ineffective and the petitioner could not avail the benefit of the judgment passed in his favour. Consequently, in view of the aforesaid decision upholding the validity of the Act with retrospective effect, the termination order of the respondents became valid.