- (1.) BHARATI Sapru, J. Heard learned Counsel for the petitioner Sri Y. K. Sinha and Sri Satish Chaturvedi appearing on behalf of the respondents.
(2.) THE present writ petition has been filed by the petitioner against an order of dismissal passed against him dated 25-9-2003 by the respondent No. 2 Secretary Zila Sahkari Federation Limited, Vikas Bhawan, Moti Bagh, Bulandshahr. The facts of the case are that the petitioner was appointed as an engineer in the Zila Sahkari Federation Limited, Bulandshahr in the grade of Rs. 400-750. The letter of appointment dated 28- 2- 1981 is on record as Annexure 1 to the writ petition, which records that U. P. Institutional Service Board, Lucknow vide its letter dated 6-1-1981 had approved his appointment as a Cold Storage Engineer. There is another letter on record dated 1-4-1981, which states that services of the petitioner would be governed under the U. P. Sahkari Samiti Adhiniyam, 1965 and Regulations framed under Section 122 thereof. The Regulations have been framed under Section 122 which are known as U. P. Co-operative Societies Employees' Service Regulations, 1975 (hereinafter referred to as the Regulations, 1975 ). These present proceedings emanate from an order of dismissal passed on 25-9-2003 but prior to this also, the services of the petitioner had been terminated on 23-11-1984 and that termination was settled by an award of the Labour Court in adjudication case No. 190 of 1985 by the Labour Court held that the order terminating services of the petitioner was illegal and directed his reinstatement in service with full back wages and continuity of service.
(3.) THE respondents challenged the award before this Court and the award of the Labour Court was set aside on the condition that the petitioner be reinstated in service and be paid wages during the pendency of that writ petition. Thus, the first series of the litigation ensued. Ultimately the petitioner filed Writ Petition No. 30902 of 2000 in which this Court issued an interim mandamus on 1-8-2000 to pay to the petitioner his earned wages due from August, 1999 to 30-12-1999 and subsistence allowance from 31-12-1999.;