- (1.) These two writ petitions are being disposed of by a common judgment as they arise out of a common order passed by Presiding Officer, Labour Court-V, U.P. Kanpar, deciding adjudication case No. 122 of 1985. adjudication case No. 67 of 1986 and Misc. Case No. 1 of 1986.
(2.) The facts in brief are that Respondent no 3 appeared for selection of officer assistant Grade-II conducted by the Petitioner and he was selected. The Petitions issued a letter dated 2nd November 1976 asking the Respondent whether ue would be willing to work as a conductor voluntarily. The Respondent was posted in the office of Assistant Regional Manager, City Bus Service, Azad Nagar, Kanpur with effect from 30-7-1978. He was assigned the work of typist in the said office. The appointment of the Respondent was for the post of conductor but he was doing the work of typist in the office of the Petitioner He raised an industrial dispute alleging that he had been doing the work of a typist but the employers were treating him as a conductor and that he was entitled to the wages of the post of typist. The State Government referred the dispute under Section 4-K of the U.P. Industrial Disputes Act on 23-9-1985 and a reference was made' as to whether Respondent No. 3 was entitled to the wages admissible to a typist and if so, from what date. It was registered as Adjudication Case No. 122 of 1985 before the Labour Court-V, U.P. Ranpur.
(3.) Daring the pendency of adjudication case No. 122 of 1985, the Respondent no 3 was removed from service on 24th December 1985 on the ground that he was guilty of misoonduot as he did not comply with the order of transfer givsn on 3rd June, 1985. The Petitioner alleged that Respondent No. 3 was working at Azad Nagar Depot. Ranpur and he was relieved on 3rd June, 1985 to take charge at Fatehpur Depot in pursuance of the order of transfer but he deliberately did not join there. Depart mental proceedings were conducted and in the said disciplinary-proceeding an order of removal of the Respondent No. 3 was passed by the Assistant Regional Manager on 24th December, 1985. Respondent No. 3 then filed an application under Section 6F of the U.P. Industrial Disputes Act, alleging that he had been removed from service during the pendency of adjudication case No. 122 of 1985 in contravention of the provisions of Section 6E of the U.P. Industrial Disputes Act and, as suoh, the orders of removal and transfer were bad and he was entitled to reinstatement and other benefits. The Labour Court registered that matter as Misc. Case No. 1 of 1986.;