- (1.) Heard Sri S.S. Nigam, the learned counsel for the petitioner and Sri Ankit Saran, the learned counsel for the respondents.
(2.) The facts leading to the filing of the writ petition is that an ex parte award dated 3rd July, 1995 was passed by the labour court directing reinstatement with backwages. The petitioner, thereafter, filed a recall application, which was rejected by the labour court by an order dated 06th August, 1997. The petitioner, being aggrieved, filed a writ petition, in which an interim order was passed staying the award subject to deposit of 50 per cent of the amount of the backwages before the Registrar of this Court. Subsequently, by an order dated 25th November, 2003, the interim order was modified. Since this order will have bearing on the ultimate result of this petition, the order dated 25.11. 2003 is extracted here under: "..............After hearing the Learned Counsel for the parties and perusal of the record. I consider it appropriate to direct petitioner to allow opposite party No. 4 to join service latest by 15th December, 2003. In case respondent submits joining report to the petitioner, petitioner shall take work from here and pay salary month to month on due date. Put up on 16th December, 2003."
(3.) Pursuant to this order, the workman was reinstated. The writ petition eventually was decided finally and was allowed by a judgement dated 24th February, 2005 and the award of the labour court was set aside.;