- (1.) Heard Sri Shishir Jain, learned counsel for the petitioner and learned Standing Counsel and Sri Mahendra Pratap Verma, learned counsel for the opposite party No. 2. Through the instant writ petition under Article 226 of the Constitution of India, the petitioner challenges the ex parte judgment and orders dated 26.5.1997 and 27.1.1999 passed in Claim Petition No. 258/11/1990 by the U.P. State Public Services Tribunal, whereby the Tribunal allowed the claim petition and rejected the petitioner's application preferred under Order IX Rule 13 read with Section 151 C.P.C., contained as Annexures 1 and 1-A to the writ petition.
(2.) While working as Safai Karmchari in Nagar Palika Parishad, opposite party No. 2 Sohan Lal was dismissed from service after due enquiry vide order dated 21.11.1983, against which a departmental appeal had been preferred by the opposite party No. 2, which was dismissed vide order dated 23.4.1990. Feeling aggrieved, the opposite party preferred a claim petition, bearing No. 258/11/1990, before the U.P. Public Services Tribunal, Lucknow.
(3.) According to the petitioner, since no notice of the above claim petition was served/received on the petitioners, as such, the claim petition preferred by the opposite party No. 2 remained uncontested and proceeded ex parte against the petitioners. Ultimately, the claim petition was allowed by the Tribunal vide order dated 26.5.1997, whereby the order of suspension dated 20.7.1983, order of dismissal dated 21.11.1983 and appellate order dated 23.4.1990 were set-aside. On coming to know the aforesaid judgment and order dated 26.5.1997 petitioners preferred an application for recall of the judgment and order dated 26.5.1997 under Order IX Rules 13 of the Code of Civil Procedure alongwith an application for condonation of delay in filing the recall application. Notice was issued and in response thereof, objection has been preferred by the opposite party No. 2, to which petitioners filed rejoinder-affidavit. Ultimately, after hearing the parties, the Tribunal rejected the petitioners' application for recall vide order dated 27.1.1999, Hence the instant writ petition.;