YATINDRA SINGH, J. - (1.) SRI Ved Prakash Agrawal (Sri Agrawal) Joined U.P. State Sugar Corporation Limited, Lucknow (the Corporation) sometime, in the year. 1973. His services ware terminated on 24.8.1976, w.e.f. 25.3.1976; he raised a labour dispute. In conciliation proceedings, the parties came to the terms and the order termination his services was cancelled on 17.11.1976. According to Sri Agrawal he went back to the Corporation on 24.11.1976, but was not taken back and he raised a labour dispute again. This dispute was referred to Labour Court. The Labour Court by its award dated 14.5.1980 accepted the contention of the corporation that Sri Agarwal himself did not join his duties on his own accord. In view of this finding no relief was granted to him. It appears that subsequently Sri Agrawal did join duties sometimes in 1978 and the corporation permitted him to work.
(2.) SRI Agrawal continued in service of the Corporation and was charge sheeted on 9.2.1987, for misconduct (disobedience, insubordination, indiscipline, Greeting nuisance and disturbing the workers while on duty). An injury officer was appointed and he submitted his report on 2.3.1987. Service of Sri Agrawal were terminated on 3.3.1987 on the basis of inquiry report. He again raised a Labour dispute and this was referred to the Labour Court by the order dated 22.2.1988. The case was initially sent to Labour Court, Meerut for adjudication, thereafter it was transferred to some other Labour Courts and ultimately to the dustrial Tribunal-1, Allahabad (the tribunal). This reference was allowed in favour of Sri,VJr Agrawal on 2.5.1999 and termination .order was set aside on the finding that no retrenchment compensation was given to Sri Agrawal before terminating his services. He was ordered to be reinstated with continuity of service with full back wages and other benefits. Sri Agrawal filed a Writ Petition No. 2667 of 2000 (the first writ petition) for - 1. Followings are the refers claimed in this writ petition : (a) Issue a writ, order or direction in the nature of certiorari calling for the records of Adj. Case No. 70 of 1979 from Labour Court, Lucknow (respondent No. 2) and quath award dated 14.5.1980 passed by Presiding Officer of said Labour Court, most illegally, dishonestly and unfairly detailed above in this writ petition, once again. (b) Issue a. writ of mandamus to quash all the illegal orders annexed as Annexure-C, DEFC, as detailed above issued by employers, using serious unfair labour practices to victimise and harass the petitioner, terminating his services from 25.3.1976, most abruptly and illegally. (c) Issue a writ, order or direction reinstating the petitioner fro 25.3.1978, with continuity his services and with full back wages etc. and other- benefits, which the petitioner would have got, had his services not been terminated illegally and abruptly be employers. Quashing of the award dated 14.5.1980. Directing for his reinstatement from 25.3.1980; Payment of interest on full back wages; and Prosecution of employers and their Advocate under different Acts.
(3.) THE first writ petition was dismissed by this Court on 19.1.2000 on the ground of latches and Sri Agrawal filed an appeal before the Apex Court. During pendency of this appeal, the corporation also filed WP No. 9202 of 2000 (the second writ petition) challenging the award of the Tirbunal dated 2.5.1999. The corporation did not reinstate Sri Agrawal in pursuance of the award on the ground that the superannuated on 6.1.1996 during pendency of labour dispute and thereafter interim orders were obtained from this Court in the second writ petition.;