Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition is directed against award dated 12.10.1998 given by Presiding officer, Labour Court (IV), Kanpur in Adjudication Case No. 19 of 1998. The matter which was referred to the labour was as to whether the action of Petitioner employer terminating the services of its workman Respondent No. 1, Kandhi Prasad Sharma who was booking clerk through order dated 12.09.1996 was just and valid or not. Charges of accepting the way bills containing overwriting and cutting and depositing of less amount were made against Respondent No. 1 in this writ petition and one Har Prasad Pathak. Termination order was passed after holding domestic enquiry in which both were held guilty. Both raised industrial disputes. The matter pertaining to the other booking clerk, i.e. Sri Har Prasad Pathak was registered as Adjudication Case No. 18 of 1998 before same Presiding Officer and was decided on 27.10.1998. The said order was challenged through Writ Petition No. 17863 of 1999, which has been disposed of today with the direction that back wages should not be given and for retrial benefits workman should be treated to in continuous service. In the instant case also, workman has retired in 2005. Similar conditional stay order was granted by this Court in this writ petition on 03.05.1999 as was granted in the other writ petition. Thereafter, workman was reinstated and thereafter retired in 2005. In para -20 of the counter affidavit, the workman has stated that the condition of depositing of 50% back was not complied with. Accordingly, this writ petition is also disposed of on the same conditions on which the other writ petition has been disposed of, which are to the following effect: No back wages shall be payable to the workman. The amount deposited by the Petitioner under interim order dated 03.05.1999 passed in this writ petition shall be returned to the Petitioner along with accrued interest. All retiral benefits shall at once be paid to the workman and for calculation and payment of retrial dues, workman shall be deemed to be in continuous service since appointment till retirement. The balance salary for the suspension period shall also not be payable to the workman.;