MAHESH CHANDRA TRIPATHI, J. - (1.) Heard Sri Ved Byas Mishra, learned counsel for the petitioners, Sri Ajay Rajendra, learned counsel for the opposite party No. 1 and learned Standing Counsel for the respondent No. 2.
(2.) Petitioners are before this Court assailing the award dated 28.09.2011 passed by respondent No. 2 in Adjudication Case No. 108 of 1997 and further directing the Sate-respondent not to enforce the award dated 28.09.2010 published on 1.2.2011 passed by respondent No. 2.
(3.) Briefly stated facts are that the present matter relates to Uttar Pradesh State Road Transport Corporation (hereinafter referred to as "Corporation") which is a Government undertaking. The respondent No. 1 was working as Driver in Khatauli Depot of the Corporation. The service of the respondent No. 1 is governed under the provisions of Uttar Pradesh State Road Transport Corporation Employees (other than officers) Service Regulation which has been notified under Section 13-B of Industrial Employment (Standing Orders) Act. The present writ petition is filed challenging the judgment and award dated 28.09.2010 passed by respondent No. 2 published on 1.2.2011 in Adjudication Case No. 108 of 1997. The Regional Manager, Meerut who is the appointing authority of Driver issued charge sheet to respondent No. 1 (workman) on 21.06.1994. After holding inquiry, the Inquiry Officer found guilty of respondent No. 1. Copy of the inquiry report was served to the respondent No. 1 on 24.02.1996 along with show cause notice and ultimately the services of respondent No. 1 was dispensed with vide order dated 8.11.1996. Against the order dated 8.11.1996 respondent No. 1 approach to Labour Court and a reference was sent by the State Government to decide as to whether the termination of service of respondent No. 1 by the employer vide order dated 8.11.1996 is justified or unjustified/illegal. Thereafter, the petitioner filed its written statement mentioning the correct facts wherein it is specifically stated that Inquiry Officer has submitted the Inquiry report in accordance with law and the order has been passed after issuing show cause notice. ;