(1.) Instant appeal has been preferred by the appellant-petitioner challenging the judgment and order dated 17.9.2015 passed by learned single judge in WP(S/S) No.4239 of 2004, Mata Prasad Vs. U.P. State Bridge Corporation Limited and Others wherein the learned single judge has dismissed the writ petition. Appeal was admitted on 28.10.2015 on limited issue. Order dated 28.10.2015 is as under :-
(2.) Factual matrix of the case shows that the petitioner was engaged as a helper (Gr.D) w.e.f. 01.11.1984 in U.P. Stage Bridge Corporation. Since then petitioner was continuously working on daily wages till 01.8.1986. He was retrenched w.e.f. 01.8.1986 without giving any notice of retrenchment, although the work was available. Juniors to the petitioner namely Aslam, Abu shah, Puranmasi and Iqbal etc were retained.
(3.) A writ petition no.5358 of 1993 was filed by petitioner for quashing the impugned award dated 21.8.1991 passed by Industrial Tribunal - II Lucknow and to reinstate the petitioner in service w.e.f. 01.8.1986. Benefit of judgment passed by this Court in W.P. No.5319 (S/S) of 1991, Vineet Kumar Srivastava Vs. U.P. State Bridge Corporation and Others, decided on 15.7.1993, was claimed wherein a scheme was formulated by the Court. W.P. No.5358 of 1993 was allowed vide order dated 22.01.2004. Opposite parties were directed to consider the case of petitioner in the light of judgment in Vineet Kumar Case. Opposite party did not give the benefit to the petitioner on the ground that he has accepted the retrenchment compensation. Rule 16 of the Industrial Dispute Rules was violated. Juniors to the petitioner were retained.