Prakash Krishna, J. - (1.) ALL these writ petitions were heard together and are being disposed of by a common judgment, as was also jointly agreed by the learned Counsel for the parties. They agreed that the facts and issue involved in all of them are common. The facts from the writ petition No. 34578 of 2007 are being noted for deciding these petitions.
(2.) RAISING a short controversy, these petitions have been filed on behalf of the employer and writ petition No. 34578 of 2007 arise out of order dated 26.6.2007 passed in Adjudication Case No. 305 of 1991 by Additional Labour Commissioner, Kanpur Region, Kanpur in exercise of power under Section 6H(1) of U.P Industrial Dispute Act in favour of the contesting respondents who are workmen. The case of the petitioner is that the contesting respondents were engaged on daily wages. Their services were terminated which led the filing of the writ petitions being Writ Petitions No. 25707 of 2006, 8040 of 2006, 17255 of 2006 and 17255 of 2006. All these petitions were allowed by a Learned Single Judge by the judgment dated 31.8.2006 and the employer was directed that these employees shall be reemployed in service within the specified period and they shall be paid full back wages with interest @ 9%.
(3.) THE said judgment was subject matter of Special Appeal No. 1417 of 2006 and others before a Division Bench of this Court. The Special Appeal was allowed in part by the following order: In our opinion, the time has come for the Court simply to said that they deserve reemployment, and they be given the same at least now. The order is accordingly passed, and within three days from the date hereof, each of the respondents, who are the clients of Mr. Agrawal, will be given reemployment; in case of failure to give such reemployment, they will be entitled to arrear wages from today until such reemployment is granted. The appeal is thus, partly dismissed in confirming the order of reemployment, and is partly allowed striking out that portion of the order, which directs arrear wages to be paid also from the year 1991. The common order will govern all five appeals.;