- (1.) The writ petition no. 42027 of 2005 has been filed challenging the award of the Labour Court, Bareilly dated 4.11.2004 in adjudication case no. 31 of 1999. The dispute referred vide Government Order dated 26.2.1999 was as to whether the termination of services of the respondent no.2 namely Bheem Sen son of Hori Lal, class IV employee with effect from 23.1.1980 was legal or not.
(2.) In the connected writ petition no. 42028 of 2005, the award dated 2.11.2004 passed by the Labour Court, Bareilly is under challenge. In the said case also the dispute referred vide Government Order dated 26.2.1999 was as to whether the termination of services of respondent no.2 Sita Ram son of Shri Ram Dayal from the post of peon with effect from 23.1.1980 was legal or not.
(3.) Both the employees, namely, Bheem Sen and Sita Ram respondent no.2 in the connected writ petitions were class IV employees in the petitioner institution. They were terminated by a common order dated 29.1.1980 on the ground that they were convicted and sentenced for life imprisonment in Sessions trial no. 143 of 1979 for the offence under Sections 302 and 304 I.P.C. by judgment and order dated 22.1.1980 passed by the IV Additional District and Sessions Judge, Bareilly. Both the respondent no.2,namely, Bheem Sen and Sita Ram filed criminal appeal no. 316 of 1980(Bheem Sen and another Vs. State of U.P.) before this Court challenging the order of conviction dated 22.1.1980 passed by the Sessions Court. The appeal was allowed by the judgement and order dated 15.7.1998 and they were honourably acquitted by the appellate court. After acquittal they had approached the petitioner for their reinstatement. They were denied the same and as such they had raised industrial dispute which was referred by two separate referral order of the same date i.e. 26.2.1999.;