Rakesh Tiwari, J. - (1.) Heard Sri M.C. Chaturvedi, learned Counsel for the petitioner and Sri V.K. Agnihotri, learned Counsel for the respondents. Since common questions of facts and law are involved in both the writ petitions, they are being decided by this common judgment with the consent of learned Counsel for the parties.
(2.) The petitioner is a society registered under the provisions of U.P. Co-operative Societies Act, 1965. It is running a sugar mill in the district of Bagpat known as The Ramala Sahkari Chini Mills Ltd.'. By means of this petition, the petitioner has challenged the award dated 27.11.1997 passed by the Presiding Officer, Industrial Tribunal (V), U.P. Meerut in Adjudication case No. 10/93. The award was enforced under Section 6C of the U.P. Industrial Disputes Act, 1947 by publication on the notice board on 14.1.1998.
(3.) The case of the petitioner is that the respondent No. 2 was appointed on temporary basis in clerical grade HI by order dated 17.2.1980. It was clarified in the appointment letter that he will have no lien on any post. The workman absented himself from 17.2.1980 to 30.6.1980; 18.4.1981 to 24.6.1981 and 12.10.1981 to 8.5.1982 as such his services were terminated w.e.f. 8.5.1982. The workman-respondent No. 2 raised an industrial dispute challenging his order of termination which was referred to Industrial Tribunal (V), U.P., Meerut where it was registered as Adjudication Case No. 87/83. By award dated 22.5.1985, reference was decided in favour of respondent No. 2. He was reinstated in service with back wages and continuity of service by the Labour Court. Aggrieved by the award the petitioner challenged its validity in Civil Misc. Writ Petition No. 1006 of 1985. The writ petition was decided by judgment dated 5.10.1988. The writ petition was partly allowed modifying the award to the extent that the respondent was reinstated but back wages were not allowed. In compliance of the judgment dated 5.10.1988, the workman was reinstated in service w.e.f. 5.8.1988 on the same terms and conditions as mentioned in the initial appointment letter dated 17.2.1980, vide order dated 8.12.1988 which is appended as Annexure No. 1 to the counter affidavit.;