VIKRAM NATH, J. - (1.) This intra Court appeal has been filed against the judgment of learned single Judge dated December 8, 1995 passed in Writ Petition No. 33969 of 1992 dismissing the writ petition.
(2.) The appellants were the erstwhile employees of the Mirzapur Electric Supply Company (in short the Company) which was taken over by U.P. State Electricity Board (in short the Board) on September 1, 1975 i.e. the date when the licence of the Company was revoked. Before the taking over by the Board the appellants and several other employees were retrenched on November 15, 1974 by the company. In this respect the appellants raised an industrial dispute, which was pending before the Industrial Tribunal on the date of taking over by the Board. However, for the aforesaid reason the appellants were not taken in employment by the Board even though all other employees of the Mirzapur Electric 'Supply Company were taken in employment by the Board. The appellants' industrial dispute in respect of their retrenchment which was referred by the State Government for adjudication to the Industrial Tribunal was finally decided vide award dated January 25,1977 partly against the appellant and partly in their favour. The relief of reinstatement was denied even though the retrenchment was found to be illegal, for the reason that on the date of the award the licence of the Company stood already revoked and reinstatement would saddle the Board with liability of salary/wages w.e.f. September 1, 1975 and also that such reinstatement would be beyond the scope of reference. The Tribunal however allowed back wages till August 31, 1975 from the date of retrenchment i. e. November 15, 1974 and were held to be in employment of the Company till the taking over. Aggrieved by the same the appellants filed Writ Petition Nos. 3351 of 1977 and 3209 of 1977.
(3.) Both these petitions were heard together and decided by a common judgment dated February 10, 1982 whereby this Court allowed the writ petition and set aside the award of Tribunal in so far it refused full back wages to the workmen and further had denied the relief of reinstatement. This Court however remanded the matter to the Tribunal to reconsider only the question of payment of back wages and further directed the U.P. State Electricity Board to consider the question whether it would like to absorb the five workmen keeping in mind the fact that workmen had already given up their claim for back wages w.e.f. September 1, 1975 the date of taking over by the Board thereby not incurring any financial liability on the Board. The said judgment of this Court dated February10, 1982 became final.;