B.L.Yadava, J. - (1.) By present stay application, petitioner, Zila Sahkari Bank Limited, has prayed that the implementation of the impugned award dated 22nd July, 1987, published in the notice board of the Labour Court, Gorakhpur, on 22nd July, 1987, in Adjudication Case No. 280 of 1985 between Zila Sahkari Bank Limited, Basti, and Mohan Lal Kesharwani be stayed during pendency of the writ petition in this Court.
(2.) A short portrayal of essential facts appears imperative. The petitioner was an employer and the respondent No. 3, Mohan Lal Kesharwani, was a workman working as a clerk/cashier under the petitioner-Bank. His services were governed by the U.P. Co-operative Employees' Service Regulations, 1975. He was appointed on different dates for fixed period of 3 months. His services, however, were terminated or retrenched on 10th January, 1980. He raised an industrial dispute and the same was referred by the State of U.P. for adjudication, under Section 4(k) of U.P. Industrial Disputes Act, 1947 (for short "the Act"), as to whether the termination or retrenchment of the respondent No. 3 was legal and if not to what relief he was entitled. The Labour Court registered Adjudication Case No. 280 of 1985, and after considering the contentions of the parties and appreciating the evidence on the record, held the order of retrenchment or termination dated 10th January, 1980, to be illegal and directed reinstatement of Mohan Lal Kesharwani forthwith with full back wages since the date of termination, and with all other benefits admissible on that pay scale. Against that award dated 22nd July, 1987, the present writ petition has been filed in which the instant application for interim stay has been moved.
(3.) As the matter of interim stay has been argued from both the sides at a considerable length, it appears proper that the matter be decided by a detailed order.;