- (1.) The Uttar Pradesh State Road Transport Corporation (hereinafter referred to as U.P.S.R.T.C.) has preferred the instant writ petition challenging the award passed by the Presiding Officer, Labour Court, Lucknow on 31.07.1996 whereby, order dated 28.04.1986 removing respondent no.2, Mahendra Kumar Saini from the service of U.P.S.R.T.C was set aside. The said award by the Labour Court was published on 11.06.1996.
(2.) Heard learned counsel for the petitioner, Shri D.K.Singh and Shri Prabhakar Tiwari, learned counsel appearing for the U.P.S.R.T.C and have also perused the material available on record.
(3.) The facts of the case as deduced from the pleadings available on record are that respondent no.2, Mahendra Kumar Saini was appointed as Fitter Grade-II in the service of U.P.S.R.T.C at Varanasi and thereafter, he was transferred to Faizabad. Containing certain allegations relating to some misconduct, a charge sheet against the respondent no.2, Mahendra Kumar Saini was issued on 27.07.1984 by the Service Manager, Faizabad. The allegations contained in the said charge sheet were to the effect that the respondent no.2 did not perform his duties assigned to him and further that despite reporting for duty, he did not perform the work assigned to him which was causing adverse impact on the working of other employees in the workshop.;