R.A. Sharma, J. - (1.) Respondents 3 to 19 (hereinafter referred to as respondents) were discharged from service vide order dated 5.12.1978 by Collector, Gorakhpur. Against this order the respondents filled claim petition before U.P. Public Service, Tribunal, Lucknow. This petition was allowed by the Service Tribunal on 28.2.1979.
(2.) Against, this order of the Service Tribunal a writ petition lies under Article 226 of the Constitution of India before this Court; but this order was not challenged. However, the State filed a review application, which was dismissed vide order dated 26.6.1984 by the Service Tribunal As the State was not complying with tire order of the Service Tribunal dated 28.2.1979, the respondents filed an execution application and that order was executed. A revision was filed in this Court against the order of execution, which was dismissed on 21.11.1985. State again moved a second review application before the Service Tribunal, which was again dismissed on 31.8.1987. The State has now filed this writ petition against the order dated 28.2.1979 and the order dated 31.8.1987 passed by the Service Tribunal on the second review application. The order passed on the first review application has not been challenged.
(3.) Service Tribunal exercise the quasi judicial power and does not have jurisdiction to review its order passed on 28.2.1979. It is not the case of the state that the aforesaid order was passed in 1979 by Service Tribunal without giving any opportunity to the State of being heard. Review was sought on merit and such an application for review was not maintainable and the Service Tribunal was justified in rejecting those applications.;