A.K.Yog, J. - (1.) List has been revised. No one appears on behalf of the petitioner. Sri. R.N. Tripathi, advocate learned counsel appearing on behalf of respondent No. 2 is present.
(2.) Name of two counsel are shown in the cause list of Tuesday-November 11, 2002 viz., Sarvshri V.P. Mathur and V.K. Singh. The Bench Secretary Informed that Sri V. K. Singh has sent illness slip for both dates. namely, 11.11.2002/ 13.11.2002.
(3.) Sri R.N. Tripathi, advocate appearing on behalf of contesting respondent pointed out that the petitioner is guilty of concealing relevant and material facts, as mentioned in para 3 of the counter-affidavit, filed on behalf of respondent No. 2, which reads : "3. That the averments made in paragraph 1 of the writ petition is not correct, hence denied it is stated in reply that the award dated 15.2.1997, was already challenged before this Hon'ble Court by filing the Civil Misc. Writ Petition No. 21304 of 1998 for its implementation and rest part of the award with regard to 100% back wages was challenged by the Civil Misc. Writ Petition No. 4225 of 1998 which was still pending, it is pertinent to mention here that the question of Implementation of the award dated 15.2.1997 was already settled by this Hon'ble Court by its judgment dated 7.7.1998 in the Civil Misc. Writ Petition No. 21304 of 1998 and this Hon'ble Court has directed that the respondent shall implement award given by the labour court, within a period of 2 months from the date of receipt of the certified copy of the order. It is clarified that the receipt of 50% back wages as per award would not prejudice the petitioner's claim for full back wages as made in the Writ Petition No. 4225 of 1998 which was served upon the petitioner Corporation on 14.7.1998 but the respondent/ present petitioner having proper knowledge about the judgment dated 7.7.1998, passed by the Hon'ble Court filed present Writ Petition No. 22385 of 1998 by suppressing and concealing the judgment dated 7.7.1998 and got ex parte interim order dated 30.7.1998. A true copy of the judgment dated 7.7.1998 is being filed herewith and marked as Annexure-C.A. 1 to the affidavit.";