- (1.) Both these Special Appeals have been filed by U.P. State Bridge Corporation Limited (hereinafter referred to as the Corporation) against the judgment and order dated May 18, 1999 passed by the learned single Judge, in Civil Misc. Writ Petition No. 4043 of 1996 and Civil Misc. Writ Petition No. 36071 of 1995, whereby the learned single Judge has allowed these writ petitions filed by the respondents-writ petitioners and declared the order dated January 9, 1996 contained in Annexure 9, order dated October 30, 1995 and November 4, 1995, contained in Annexure Nos. 6 and 6-A to the writ petition, as void ab initio, non-est, and quashed the same. The learned single Judge also held that the respondents-writ petitioners shall be deemed to be in service and be treated as on continuous service with all notional service benefits except however, that they would not be entitled to any payment of arrears for the period during which they did no work actually. Except that each of them would be entitled to a compensation for the whole period assessed at Rs. 5,000/- each.
(2.) Briefly stated facts giving rise to the present Special Appeal are that in Writ Petition No. 36071 of 1996, services of 168 workmen were terminated by an order dated October 30, 1995, while in Writ Petition No 4043 of 1996 services of 66 workmen were terminated by an order dated January 9, 1996 published in Hindi daily Dainik Jagran on January 12, 1996. In both the cases, the termination was effected by striking off the names of the respective workmen from the rolls in terms of Clause L-2-12 of the standing orders for workmen employed in the Corporation.
(3.) According to the respondents-writ petitioners, they were on strike for a considerable period through sitting dharna and various other modes in support of their demands for bonus and other claims whereas as per the appellants, no notice of such dharna or strike was ever given to the appellants by the Union. On the other hand, the Union had been adopting illegal means impermissible in law despite the Corporation's requests to the workers to return to work. In this background, the names of two groups of workmen involved in the two writ petitions were struck off from the rolls.;