Rakesh Tiwari - (1.) -Heard counsel for the respective parties and perused the record.
(2.) THIS writ petition has been filed praying, inter alia, to issue a writ of certiorari quashing the impugned order dated 26.10.1988 (Annexure-6 to the writ petition) passed by the Deputy Labour Commissioner, Ghaziabad and the award dated 13.2.1986 (Annexure-1 to the writ petition) passed by the labour court. Respondent No. 4 was working as a Conductor in the petitioner-Corporation. He was removed from service by an order dated 16.3.1983 as serious charges of misconduct are said to have been proved against him. Against removal of his services respondent No. 4 preferred an appeal before the Regional Manager, Ghaziabad on 12.12.1983. The Regional Manager vide its order dated 29.10.1984 is alleged to have taken a lenient view by directing to afford a fresh chance to respondent No. 4 to serve the Corporation without giving benefit of his past services and back wages. Respondent No. 4 accepted his fresh appointment in pursuance of the said order dated 29.10.1984 and was thus given a fresh chance to serve the Corporation and was posted in Bulandshahr Depot of the Corporation in Ghaziabad Region. It appears that respondent No. 4 behind the back and concealing from the Corporation filed an application before the Regional Conciliation Officer, Ghaziabad on 28.1.1985 claiming the benefits of his past services and back wages, whereupon the Regional Conciliation Officer submitted a failure report and the State Government in exercise of its powers under Section 4K of the U. P. Industrial Disputes Act referred the following dispute for adjudication on 1.11.1985 : ...[VERNACULAR TEXT OMMITED]...
(3.) ...[VERNACULAR TEXT OMMITED]... The dispute was registered as Adjudication Case No. 217 of 1985 before the labour court, U.P., Ghaziabad. Respondent No. 4 filed his written statement before the labour court on 22.1.1986. As no one appeared on behalf of the Corporation, the labour court passed an order to proceed ex parte against the Corporation. On 13.2.1986 the award was signed and was forwarded to the State Government and was published on 17.3.1986. By the impugned award the labour court has set aside the order of removal of respondent No. 4 from service and also directed his reinstatement with continuity of service and full back wages.;